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KNOWLTON RIVERSIDE ESTATES, INC. v. PLANNING BD. OF TP. OF KNOWLTON

790 A.2d 194 (2002)

347 N.J. Super. 362

KNOWLTON RIVERSIDE ESTATES, INC., a Corporation of the State of New Jersey, Plaintiff-Respondent, v. The PLANNING BOARD OF the TOWNSHIP OF KNOWLTON, a duly constituted public body and municipal agency of the Township of Knowlton, Warren County, New Jersey, Defendant-Appellant, and Township of Knowlton, a municipal corporation of the State of New Jersey, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided February 5, 2002.

Attorney(s) appearing for the Case

Hollander Hontz Weaver & Hinkes, Newton, for appellant (Mark J. Hontz, of counsel and on the brief).

Courter, Kobert, Laufer & Cohen, Hackettstown, for respondent (Kevin M. Hahn, of counsel; Matthew C. Johnston, on the brief).

Before Judges SKILLMAN, CARCHMAN and WELLS.

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

This appeal involves the interpretation of N.J.S.A. 40:55D-52(d), which entitles a developer to a mandatory extension of the two-year period of exemption from a change in the zoning of its property conferred by final subdivision approval, if the developer can prove it was "barred or prevented ... from proceeding with the development because of delays in obtaining legally required approvals from other...

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