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SOUTHPORT DEV. GROUP, INC. v. TP. OF WALL

295 N.J. Super. 421 (1996)

685 A.2d 84

SOUTHPORT DEVELOPMENT GROUP, INC. A NEW JERSEY CORPORATION AND CLUB DEVELOPMENT, INC., A NEW JERSEY CORPORATION, PLAINTIFFS, v. TOWNSHIP OF WALL, TOWNSHIP COMMITTEE, THE AFFORDABLE HOUSING TRUST FUND, AND THE WALL TOWNSHIP LAND USE OFFICER, DEFENDANTS.

Superior Court of New Jersey, Law Division Monmouth County.

Decided August 16, 1996.

Attorney(s) appearing for the Case

Douglas J. Gatta, for plaintiffs (Abrams, Gatta, Falvo & Sevrin, attorneys).

Jeffrey R. Surenian, for defendants (Lomell, Muccifori, Adler, Ravaschiere, Amabile & Pehlivanian, attorneys).

HAYSER, J.T.C., temporarily assigned.

Plaintiffs bring this action seeking a determination as to the validity of Wall Township Ordinance No. 34-1987, hereinafter denoted as the "development fees ordinance," and if the ordinance is found to be invalid, plaintiffs further seek reimbursement for the fees actually paid under the voided enactment.

Essential facts are not in dispute.

Plaintiff Southport Development Group, Inc. is the owner of certain property...

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