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HOWELL PROPERTIES, INC. v. TWP. OF BRICK

791 A.2d 228 (2002)

347 N.J. Super. 573

HOWELL PROPERTIES, INC., a New Jersey Corporation, Plaintiff-Respondent, v. TOWNSHIP OF BRICK, County of Ocean, State of New Jersey, a Municipal Corporation of the State of New Jersey, Township Council of the Township of Brick, Township of Howell, County of Monmouth, State of New Jersey, A Municipal Corporation of the State of New Jersey, Township Council of the Township of Howell, Defendants-Appellants, and The Planning Board of the Township of Howell, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided February 13, 2002.

Attorney(s) appearing for the Case

Scott W. Kenneally, Brielle, argued the cause for appellants Township of Brick and Township Council of the Township of Brick (Starkey, Kelly, Blaney & White, attorneys; Charles E. Starkey, of counsel; Mr. Kenneally, on the brief).

Sandra DeSarno Hlatky argued the cause for appellants Township of Howell and Township Council of the Township of Howell (Schibell & Mennie, attorneys; Richard D. Schibell, of counsel; Ms. Hlatky, on the brief).

Stewart M. Hutt, Woodbridge, argued the cause for respondent Howell Properties, Inc. (Hutt & Shimanowitz, attorneys; Mr. Hutt, of counsel and on the brief).

Before Judges HAVEY, COBURN and WEISSBARD.

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

These back-to-back appeals, consolidated for the purpose of this opinion, present a unique land-use issue. May municipalities, in this case defendants Howell and Brick Townships, vacate streets which extend to a proposed major subdivision situated in adjoining Wall Township, the result of which renders the property landlocked? The trial court granted summary judgment to plaintiff Howell Properties, Inc., owner...

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