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SOD FARM ASSOCIATES v. SPRINGFIELD TP. PLANNING BD.

297 N.J. Super. 584 (1996)

SOD FARM ASSOCIATES, A GENERAL PARTNERSHIP OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SPRINGFIELD TOWNSHIP PLANNING BOARD, BURLINGTON COUNTY, A MUNICIPAL ENTITY AND SPRINGFIELD TOWNSHIP COUNCIL, BURLINGTON COUNTY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 18, 1996.

Attorney(s) appearing for the Case

Lewis Goldshore argued the cause for appellant (Goldshore & Wolf, attorneys; Mr. Goldshore, Mary S. Henifin and Robert Cash, on the brief).

Denis C. Germano argued the cause for respondent Springfield Township Planning Board (Hulse & Germano, attorneys; Mr. Germano, of counsel and on the brief).

Dennis P. McInerney argued the cause for respondent Springfield Township Council (McInerney & Caniglia, attorneys; Mr. McInerney, of counsel and Mr. McInerney and Mary Louise Ambrose, on the brief).

Before Judges BAIME and PAUL G. LEVY.

The opinion of the court was delivered by PAUL G. LEVY, J.A.D.

Plaintiff Sod Farm Associates contends that defendants Springfield Township Planning Board and Springfield Township Council have abused their authority, by using the wastewater management planning process (set forth in the Water Quality Planning Act, N.J.S.A. 58:11A-1 to -16) and amendments to the Township's zoning ordinance, to deny plaintiff sewer service and thus prevent it from reasonably developing...

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