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NJ SHORE BLDRS. v. SOUTH BRUNSWICK TP.

739 A.2d 956 (1999)

325 N.J. Super. 412

NEW JERSEY SHORE BUILDERS ASSOCIATION; Central Jersey Builders Association; and New Jersey Builders Association, all not-for-profit corporations of the State of New Jersey, Plaintiffs-Respondents, v. TOWNSHIP OF SOUTH BRUNSWICK in the County of Middlesex, a municipality of New Jersey, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 8, 1999.

Attorney(s) appearing for the Case

Donald J. Sears, North Brunswick, for defendant-appellant (Busch and Busch, attorneys; Mr. Sears, on the brief).

Paul H. Schneider, Middletown, for plaintiffs-respondents (Giordano, Halleran & Ciesla, attorneys; Mr. Schneider, of counsel and on the brief; Nicole Devaney, also on the brief).

Thomas W. Dunn, for amicus curiae New Jersey State League of Municipalities (William John Kearns, Jr., General Counsel, attorney; Mr. Dunn, Mahwah, and Jennifer M. Bretz, of Beattie Padovano, Montvale, on the brief).

Before Judges PETRELLA, CONLEY and BRAITHWAITE.

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

This appeal by three associations of developers challenges an ordinance of the Township of South Brunswick (Township) which deals with maintenance of water detention basins. Essentially, the Township's ordinance provides for the continued "repairs and major maintenance" of detention basins and provides for responsibility to be assumed by either the Township or the private owner.

In June 1996, approximately...

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