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TOWNSHIP OF FRANKLIN v. HOLLANDER

769 A.2d 427 (2001)

338 N.J. Super. 373

TOWNSHIP OF FRANKLIN, a Municipal Corporation of the State of New Jersey, Plaintiff-Respondent, v. David Den HOLLANDER, Garden State Growers, and Quaker Valley Farms, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided March 28, 2001.

Attorney(s) appearing for the Case

Robert P. Merenich, Linwood, argued the cause for appellants (Todd, Gemmel, Todd & Merenich, attorneys; Mr. Merenich, on the brief).

Eric M. Bernstein, Warren, argued the cause for respondent (Mr. Bernstein, of counsel; Susan R. Rubright, on the brief).

Before Judges BAIME, CARCHMAN and LINTNER.

The opinion of the Court was delivered by CARCHMAN, J.A.D.

Following our decision in Villari v. Zoning Board of Adjustment, 277 N.J.Super. 130, 649 A.2d 98 (App.Div.1994), where we held that the Right to Farm Act, N.J.S.A. 4:1C-1 to -10 (amended 1998) (the Act), did not preempt municipal land use authority over commercial farms, the Legislature amended the Act. L. 1998...

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