Vivian DELAND and Anthony J. Scarpa, Plaintiffs, and
C.M.R. & Co., a New Jersey Partnership, Bedminster Associates and Monogram Building & Design Corp., Executors and Trustees for the Estate of Eugene Ladamocarski and the Connell Company, Plaintiffs-Intervenors,
v.
The TOWNSHIP OF BERKELEY Heights, a Municipal Corporation of the State of New Jersey, Defendant-Appellant, and
Donald E. Stitzenberg and Mary Ann Stitzenberg, Defendants-Intervenors, and
Salvigsen Development Co., Stanford Drive Builders, and K & K Developers, Respondents.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued December 17, 2002.
Decided May 30, 2003.
Attorney(s) appearing for the Case
John C. Phillips argued the cause for appellant (Price, Meese, Shulman & D'Arminio, attorneys; Mr. Phillips and Maria Cristiano Anderson, on the brief).
Dean A. Gaver, Woodbridge, argued the cause for respondents Salvigsen Development Company and Stanford Drive Builders, LLC (Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, attorneys; Mr. Gaver, of counsel; Mr. Gaver and Steven Firkser, on the brief).
Stewart M. Hutt, Woodbridge, argued the cause for respondent K & K Developers, Inc. (Hutt & Shimanowitz, attorneys; Mr. Hutt, of counsel; Mr. Hutt and Ronald L. Shimanowitz, on the brief).
Before Judges SKILLMAN, CUFF and LEFELT.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by SKILLMAN, P.J.A.D.
In this Mount Laurel1 appeal, we conclude that a Mount Laurel special master is subject to substantially the same conflict of interest rules as a judge. We also conclude that a municipality which has rezoned property for affordable housing pursuant to a developer's agreement may subsequently acquire the property by eminent...
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