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NEU v. PLANNING BD. OF TP. OF UNION

800 A.2d 908 (2002)

352 N.J. Super. 544

Wendy Kelman NEU and John Neu, Plaintiffs-Appellants, v. The PLANNING BOARD OF the TOWNSHIP OF UNION, Defendant-Respondent, and K. Hovnanian Companies of North Central Jersey, Inc.; Elizabethtown Water Company; and Applied Wastewater Management; Defendants/Intervenors-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 2002.

Attorney(s) appearing for the Case

Rutgers Environmental Law Clinic, for appellants (Thomas A. Borden, on the brief).

Novak & Novak, Clinton, for respondent, (Joseph S. Novak, on the brief).

Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, Iselin, for respondent/intervenors (Peter A. Buchsbaum, of counsel; Michele Gibson on the brief).

Before Judges PRESSLER, PARRILLO and COLEMAN.

The opinion of the court was delivered by COLEMAN, J.S.C. (temporarily assigned).

Plaintiffs Wendy and John Neu (Neu) are homeowners in the Township of Franklin in Hunterdon County. Their water is supplied by a well on their property. That property is 3500 feet from a proposed subdivision in the adjacent municipality of Union Township. Plaintiffs sought by action in lieu of prerogative writ to challenge the final approval...

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