EC, LLC v. PLANNING BD. OF EASTAMPTON


805 A.2d 456 (2002)

354 N.J. Super. 171

EASTAMPTON CENTER, LLC, Plaintiff-Respondent, v. The PLANNING BOARD OF the TOWNSHIP OF EASTAMPTON and Mary Jane Jones, Township Clerk and Township Administrative Officer of the Township of Eastampton, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided August 20, 2002.


Attorney(s) appearing for the Case

Kenneth S. Domzalski, Burlington, argued the cause for appellant Planning Board of the Township of Eastampton (Mr. Domzalski, on the joint brief filed by appellants).

John E. Harrington, Medford, argued the cause for appellant Mary Jane Jones (Mr. Harrington, on the joint brief filed by appellants).

Thomas F. Carroll, III, Princeton, argued the cause for respondent (Hill Wallack, attorneys; Mr. Carroll and Steven W. Griegel, on the brief).

Before Judges CUFF, WECKER and WINKELSTEIN.


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

This appeal arises out of a conflict between two contemporaneous processes: a municipal land use board's adoption of a new Master Plan for the municipality and a developer's attempt to gain long-term protection from zoning changes by obtaining approval of a General Development Plan. That confluence of circumstances raises several issues, including the standard for determining that a development application is...

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