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SWANSON v. PLANNING BD. OF TWP. OF HOPEWELL

149 N.J. 59 (1997)

692 A.2d 966

RUSSELL SWANSON, LOIS SWANSON, KEN BERGER AND SUE REPKO, PLAINTIFFS-APPELLANTS, AND BENJAMIN CRANSTON, PLAINTIFF, v. THE PLANNING BOARD OF THE TOWNSHIP OF HOPEWELL, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOPEWELL, THE MAYOR OF THE TOWNSHIP OF HOPEWELL AND THE HOPEWELL TOWNSHIP BOARD OF HEALTH, DEFENDANTS-RESPONDENTS, AND TOLL BROTHERS, INC., DEFENDANT-INTERVENOR-RESPONDENT.

The Supreme Court of New Jersey.

April 28, 1997.

This matter having been duly considered and the Court having determined that certification was improvidently granted;

It is ORDERED that the within appeal be and hereby is dismissed.

STEIN, Justice, concurring.

I infer that the Court's decision to dismiss this appeal primarily reflects its view that, pursuant to Rule 4:69-6, plaintiff's prerogative-writ action filed in April 1995 was instituted far too late to permit meritorious review of its...

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