TOLL BROS. v. TP. OF WEST WINDSOR


756 A.2d 1056 (2000)

334 N.J. Super. 77

TOLL BROTHERS, INC., a Delaware Corporation, Plaintiff-Respondent, v. TOWNSHIP OF WEST WINDSOR, a municipal corporation of the State of New Jersey located in Mercer County, Mayor and Council of the Township of West Windsor, and the Planning Board of the Township of West Windsor, Defendants-Respondents. Affordable Living Corporation, Inc., a New Jersey Corporation, Plaintiff, Maneely Princeton Partnership, successor in interest to Maneely, Inc., Plaintiff/Intervenor-Appellant, Dr. and Mrs. Charles Akselrad, Plaintiffs/Intervenors, v. West Windsor Township, Defendant-Respondent. Toll Brothers, Inc., a Delaware Corporation, Plaintiff-Respondent, v. Township of West Windsor, a municipal corporation of the State of New Jersey located in Mercer County, Mayor and Council of the Township of West Windsor, and the Planning Board of the Township of West Windsor, Defendants-Respondents. Affordable Living Corporation, Inc., a New Jersey Corporation, Plaintiff, Maneely Princeton Partnership, successor in interest to Maneely, Inc., Plaintiff/Intervenor, Dr. and Mrs. Charles Akselrad, Plaintiffs/Intervenors-Appellants, v. West Windsor Township, a municipal corporation of the State of New Jersey, located in Mercer County, New Jersey, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 16, 2000.


Attorney(s) appearing for the Case

James H. Knox, Clinton, argued the cause for appellant Maneely Princeton Partnership in A-5857-97T3 (Gebhardt & Kiefer, attorneys; Mr. Knox, of counsel and on the brief).

Paul A. Sandars, III, Roseland, argued the cause for appellants Dr. and Mrs. Charles Akselrad in A-5980-97T3 (Lum, Danzis, Drasco, Positan & Kleinberg, attorneys; Mr. Sandars and Colin M. Danzis, of counsel and on the brief with Kevin J. O'Connor).

Gerald J. Muller, Princeton, argued the cause for respondent Planning Board of the Township of West Windsor in A-5857-97T3 and A-5980-97T3 (Miller, Porter & Muller, attorneys; Mr. Muller on the joint brief).

Karen L. Cayci, Princeton, argued the cause for respondents Township of West Windsor and Mayor and Council of the Township of West Windsor in A-5857-97T3 and A-5980-97T3 (Herbert, Van Ness, Cayci and Goodell, attorneys; Ms. Cayci, on the joint brief).

Carl S. Bisgaier, Cherry Hill, argued the cause for respondent Toll Brothers, Inc. in A-5857-97T3 and A-5980-97T3 (Hill Wallack, attorneys; Henry A. Hill and Kenneth E. Meiser, Princeton, of counsel and on the brief).

Before Judges HAVEY, A.A. RODRÍGUEZ and COLLESTER.


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

This is Mount Laurel1 litigation. Intervenors, Maneely Princeton Partnership (Maneely) and Dr. and Mrs. Charles Akselrad (Akselrad) are the owners of two tracts of land previously zoned for affordable housing as part of a 1985 settlement of an exclusionary zoning action instituted by Affordable Living Corporation against defendant...

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