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MOUNTAIN HILL, LLC v. MIDDLETOWN TOWNSHIP

801 A.2d 412 (2002)

353 N.J. Super. 57

MOUNTAIN HILL, LLC, Plaintiff-Respondent, v. MIDDLETOWN TOWNSHIP, Defendant-Appellant. Heritage Hills Civic Association d/b/a as Concerned Citizens of Middletown, Plaintiff-Appellant, v. Township of Middletown, The Township Committee of the Township of Middletown, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 5, 2002.

Attorney(s) appearing for the Case

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

R.S. Gasiorowski argued the cause for appellant Heritage Hills Civic Association (Gasiorowski & Holobinko, attorneys; R.S. Gasiorowski, Christine A. Gasiorowski and Cathy S. Gasiorowski, on the brief).

Gary E. Fox argued the cause for respondent Mountain Hill, LLC (Fox & Gemma, attorneys; Mr. Fox and Amy R. Fratkin, on the brief).

Before Judges SKILLMAN, CARCHMAN and WELLS.

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

Middletown Township, defendant, adopted an amended zoning ordinance over a protest by a vote of its five member governing body of three to one, with one member disqualifying himself. The protesting property owner, Mountain Hill, LLC, which had proposed a substantial development plan for the lands affected by the amendment sued Middletown, claiming in the first count of a four count complaint that the amendment...

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