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KIRBY v. TP. COMMITTEE OF BEDMINSTER

775 A.2d 209 (2000)

341 N.J. Super. 276

F.M. KIRBY, Plaintiff-Appellant, v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF BEDMINSTER, In the County of Somerset, and Township of Bedminster Planning Board, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 2000.

Attorney(s) appearing for the Case

William W. Lanigan, Somerville, for appellant.

Howard D. Cohen, for respondent Township Committee of the Township of Bedminster (Stern & Greenberg, attorneys, and Vogel, Chait, Schwartz & Collins, attorneys for respondent Township of Bedminster Planning Board; Mr. Cohen and Thomas F. Collins, Jr., on the joint brief).

John J. Farmer, Jr., Attorney General, for amicus curiae New Jersey State Planning Commission (Mary C. Jacobson, Assistant Attorney General, of counsel; Daniel P. Reynolds, Senior Deputy Attorney General, on the brief).

Rutgers Environmental Law Clinic, for amicus curiae New Jersey Future, Inc. (John Payne and Edward Lloyd, on the brief).

Before Judges BROCHIN and EICHEN.

PER CURIAM.

Plaintiff F.M. Kirby is the owner of a large tract of land in Bedminster Township. By an action in lieu of prerogative writs, he challenged the validity of two land use ordinances adopted by the Bedminster Township Committee. Ordinance No. 94-26 (the R-10 ordinance) changed the zoning in the area in which plaintiff's land is situated from an R-3 Rural Residential Zone, which permitted one residence for every three...

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