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RUMSON ESTATES, INC. v. MAYOR & COUNCIL OF BOROUGH OF FAIR HAVEN

795 A.2d 290 (2002)

350 N.J. Super. 324

RUMSON ESTATES, INC., a corporation of the State of New Jersey, Plaintiff-Appellant, v. MAYOR & COUNCIL OF THE BOROUGH OF FAIR HAVEN and Fair Haven Planning Board, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 2002.

Attorney(s) appearing for the Case

Theodore D. Parsons, Jr., Red Bank, argued the cause for appellant (Parsons & Nardelli, attorneys; Mr. Parsons, Jr., on the brief).

Bernard M. Reilly, Red Bank, argued the cause for respondents (Dowd & Reilly, attorneys; Mr. Reilly, on the brief).

Before Judges WALLACE, JR., CARCHMAN and WELLS.

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

Plaintiff Rumson Estates, Inc. appeals from a judgment of the Law Division dismissing its complaint in lieu of prerogative writs and upholding the validity of defendant Borough of Fair Haven's zoning ordinance providing for maximum habitable floor area. We agree and conclude that the ordinance represents an appropriate exercise of municipal authority under N.J.S.A. 40:55D-65. Accordingly, we affirm...

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