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BRIARGLEN II CONDO. v. TP. OF FREEHOLD

749 A.2d 881 (2000)

330 N.J. Super. 345

BRIARGLEN II CONDOMINIUM ASSOCIATION, INC., Plaintiff-Appellant, v. TOWNSHIP OF FREEHOLD, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 26, 2000.

Attorney(s) appearing for the Case

David J. Byrne, Lawrenceville, for plaintiff-appellant (Stark & Stark, attorneys; Mr. Byrne, of counsel and on the brief).

Duane O. Davison, Freehold, for defendant-respondent (Lomurro, Davison, Eastman & Munoz, attorneys; Mr. Davison, of counsel and on the brief; Chad Warnken, on the brief).

Dennis R. Casale, Princeton, for amicus curiae Community Association Institute—New Jersey Chapter (Jamieson, Moore, Peskin & Spicer, attorneys; Mr. Casale, on the brief).

Before Judges SKILLMAN, NEWMAN and FALL.

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

This appeal raises the issue of whether N.J.S.A. 40:67-23.3 requires a municipality to either provide or reimburse for snow/ice removal, street lighting and trash removal to a qualified private community still under construction before the road dedication, the release of performance bonds, and the adoption of an appropriate resolution by the governing body. Even if N.J.S.A. 40:67-23.3 is construed...

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