TOLL BROS. v. WEST WINDSOR TP.


712 A.2d 266 (1998)

TOLL BROTHERS, INC., a Delaware Corporation, Plaintiff-Respondent, v. WEST WINDSOR TOWNSHIP, a Municipal Corporation of the State of New Jersey, located in Mercer County, New Jersey, Mayor and Council of West Windsor Township, Defendants-Appellants, and West Windsor Township Planning Board, Intervenor-Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 1998.


Attorney(s) appearing for the Case

Daniel S. Bernstein, Scotch Plains, for defendants-appellants West Windsor Township and Mayor and Council of West Windsor Township (Bernstein & Hoffman, attorneys; Mr. Bernstein, of counsel and on the brief).

Henry A. Hill, Princeton, for plaintiff-respondent (Hill Wallack, attorneys; Mr. Hill and Thomas F. Carroll, III, on the brief).

Gerald J. Muller, Chicago, IL, for intervenor-defendant-appellant West Windsor Township Planning Board (Miller, Porter & Muller, attorneys; Mr. Muller, of counsel and on the brief).

Roger W. Thomas, Newton, for amicus curiae New Jersey Planning Officials (Dolan and Dolan, attorneys; Donald M. Ross, on the brief).

Peter A. Buchsbaum, Woodbridge, for amici curiae the New Jersey Builders Association and the National Association of Homebuilders (Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, attorneys; Mr. Buchsbaum and Arthur M. Greenbaum, of counsel, Mr. Greenbaum and Jessica L. Kyle, on the brief).

Before Judges SHEBELL, D'ANNUNZIO and COBURN.


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

West Windsor Township and the West Windsor Township Planning Board1 appeal from a judgment invalidating "Timed Growth Controls" contained in its zoning ordinance.

The township consists of twenty-seven square miles located in Mercer County. It is experiencing rapid residential development. The township's 1990 population was 16...

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