SHIRE INN, INC. v. BOROUGH OF AVON-BY-THE-SEA


729 A.2d 473 (1999)

321 N.J. Super. 462

SHIRE INN, INC. and Sylvan Hotel Corp., Plaintiffs-Appellants, v. BOROUGH OF AVON-BY-THE-SEA and Planning Board of the Borough of Avon-By-The-Sea, Defendants-Respondents, Thomas Sarantos, Intervenor-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 27, 1999.


Attorney(s) appearing for the Case

Joseph E. Murray, Berkeley Heights, for plaintiffs-appellants (Joseph E. Murray & Associates, attorneys; Mr. Murray, of counsel and, with Jay B. Bohn, on the brief).

Thomas S. Capron, Avon by the Sea, for defendant-respondent Borough of Avon-by-the-Sea.

Carton, Witt, Arvanitis & Bariscillo, Asbury Park, for defendant-respondent Planning Board of Avon by the Sea, relying on brief filed on behalf of defendant-respondent Borough of Avon by the Sea.

Bernard M. Hartnett, Jr., Jersey City, for intervenor-respondent Thomas Sarantos (Schiller, Squeo & Hartnett, attorneys; Mr. Hartnett, of counsel and on the brief).

Hill Wallack, Princeton, for amicus curiae Non-Profit Affordable Housing Network of New Jersey (Stephen Eisdorfer, of counsel and on the brief).

Before Judges LONG, KESTIN and CARCHMAN.


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

In this Mount Laurel action, see Southern Burlington Cty. N.A.A.C.P. v. Mount Laurel Twp., 67 N.J. 151, 336 A.2d 713, cert. denied, 423 U.S. 808, 96 S.Ct. 18, 46 L.Ed.2d 28 (1975) (Mount Laurel I), plaintiffs appeal from a Law Division judgment which denied a "builder's remedy," see Southern Burlington Cty...

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