LIVINGSTON BLDRS., INC. v. TWP. OF LIVINGSTON


309 N.J. Super. 370 (1998)

LIVINGSTON BUILDERS, INC., PLAINTIFF-RESPONDENT, v. TOWNSHIP OF LIVINGSTON, TOWNSHIP COUNCIL OF LIVINGSTON, AND PLANNING BOARD OF THE TOWNSHIP OF LIVINGSTON, DEFENDANTS-RESPONDENTS, AND ALBERT MANDA, MARGARET MANDA, AND W.A. MANDA, INC., PLAINTIFFS-RESPONDENTS, v. TOWNSHIP OF LIVINGSTON, AND THE PLANNING BOARD OF THE TOWNSHIP OF LIVINGSTON, DEFENDANTS-RESPONDENTS, AND SHORT HILLS WEST, LTD., OBJECTOR-APPELLANT, AND CHESTNUT HILL CIVIC ASSOCIATION, OBJECTOR-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 31, 1998.


Attorney(s) appearing for the Case

Stephen Eisdorfer argued the cause for appellant (Hill Wallack, attorneys; Mr. Eisdorfer, on the brief).

Gary T. Hall argued the cause for respondents Township of Livingston, Township Council of Livingston, and the Planning Board of the Township of Livingston (McCarter & English, attorneys; Lois M. Van Deusen, of counsel; Mr. Hall, on the brief).

Robert S. Greenbaum argued the cause for respondent Chestnut Hill Civic Association (Greenbaum, Rowe, Smith, Ravin, Davis & Himmell, attorneys; Mr. Greenbaum, on the brief).

Before Judges BROCHIN, WEFING and BRAITHWAITE.


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

Two Mount Laurel2 exclusionary zoning suits were instituted against the Township of Livingston and then consolidated. The plaintiffs in those suits claimed builders' remedies.3 Livingston has negotiated a tentative settlement of those suits. Chestnut Hill Civic Association is an organization composed of persons who reside in the vicinity of a...

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