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FIERAMOSCA v. BARNEGAT TP.

762 A.2d 1075 (2000)

335 N.J. Super. 526

Richard FIERAMOSCA and Judy Fieramosca, Plaintiffs, v. TOWNSHIP OF BARNEGAT, Barnegat Township Planning Board, Barnegat Township Engineer, Charles Johnson, Patricia Johnson, John Doe I and John Doe II, Defendants.

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

Decided August 8, 2000.

Attorney(s) appearing for the Case

Robert J. Haney, West Trenton, for plaintiffs.

Jerry J. Dasti, Forked River, for defendant Barnegat Township (Dasti, Murphy, Wellerson & McGuckin, attorneys).

Shawn P. McCarthy, Brick, for defendant Barnegat Township Planning Board (King, Kitrick, Jackson & Troncone, attorneys).

Steven Secare, Toms River, for defendant Barnegat Township Engineer (Russo, Secare, Ford, Delanoy & Martino, attorneys).

SERPENTELLI, A.J.S.C.

What is the effect of the failure to include an express condition within a memorializing resolution which a planning board voted to require as part of its approval of a land development application? This novel question is not addressed by a reported opinion.

In June 1995, Richard and Judy Fieramosca (hereinafter "plaintiffs" or "applicants") applied to the Barnegat Township Planning Board (hereinafter "Board") seeking a major site plan...

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