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GATTO DESIGN & DEV. CORP. v. TP OF COLTS NECK

719 A.2d 707 (1998)

316 N.J. Super. 110

GATTO DESIGN & DEVELOPMENT CORP., a New Jersey Corporation, Plaintiff-Appellant, v. The TOWNSHIP OF COLTS NECK, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 10, 1998.

Attorney(s) appearing for the Case

Peter S. Wersinger, III, Marlboro, for plaintiff-appellant (Heffernan & Wersinger, attorneys; Mr. Wersinger, on the brief).

Roger McLaughlin, Neptune, for defendant-respondent (McLaughlin, Bennett, Gelson & Cramer, attorneys; Paul N. D'Apolito, Toms River, of counsel and on the brief).

Before Judges HAVEY, SKILLMAN and PAUL G. LEVY.

The opinion of the court was delivered by HAVEY, P.J.A.D.

In this zoning case, plaintiff Gatto Design & Development Corp., appeals from a grant of summary judgment in favor of defendant Township of Colts Neck upholding the validity of § 412 of the Colts Neck Township Development Regulation Ordinance (DRO). Plaintiff contends that § 412 of the DRO violates the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-6 and 53, because it: (1) precludes a...

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