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SPRUCE MANOR v. BOR. OF BELLMAWR

717 A.2d 1008 (1998)

SPRUCE MANOR ENTERPRISES, Plaintiff, v. BOROUGH OF BELLMAWR and Bellmawr Planning Board, Defendants.

Superior Court of New Jersey, Law Division, Camden County.

Decided June 11, 1998.

Attorney(s) appearing for the Case

James D. Hamilton, Jr., (DuBois, Sheehan, Hamilton & Levin), Camden, for plaintiff, Spruce Manor Enterprises.

Robert Messick, Haddonfield, for Borough of Bellmawr.

Ralph J. Kmiec, Voorhees, for Borough of Bellmawr Planning Board.

ORLANDO, A.J.S.C.

This is an action in lieu of prerogative writs challenging the validity of a determination by the Planning Board (Board) and the Mayor and Council of the Borough of Bellmawr that a 120 unit apartment complex is an area in need of redevelopment pursuant to N.J.S.A. 40A:12A-1-49. The central question for determination by the court is whether an apartment complex can be designated as an area in need of redevelopment pursuant to that statute on...

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