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GUNTHNER v. PLANNING BD. OF BAY HEAD

762 A.2d 710 (2000)

335 N.J. Super. 452

Richard A. GUNTHNER, Plaintiff, v. PLANNING BOARD OF THE BOROUGH OF BAY HEAD, Defendant.

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

Decided August 28, 2000.

Attorney(s) appearing for the Case

Roger J. McLaughlin, Neptune, for plaintiff (McLaughlin, Bennett, Gelson & Cramer, attorneys).

Steven A. Zabarsky, Toms River, for defendant (Citta, Holzapfel, Zabarsky, Leahey & Simon, attorneys).

SERPENTELLI, A.J.S.C.1

The enactment of legislation to authorize the creation of a consolidated land use board in certain municipalities (N.J.S.A. 40:55D-25(c)), has created several knotty issues that were not addressed in the enabling statute. This case highlights one of them.2

As originally passed, N.J.S.A. 40:55D-25(c)(1) limited creation of...

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