RUMSON ESTATES, INC., a corporation of the State of New Jersey, Plaintiff-Appellant,
v.
MAYOR & COUNCIL OF the BOROUGH OF FAIR HAVEN, Defendant-Respondent,
and
Fair Haven Planning Board, Defendant.
Ferraro Builders, LLC and Rand Associates, a New Jersey Partnership, Plaintiffs-Appellants,
v.
Borough of Atlantic Highlands Planning Board and Borough of Atlantic Highlands, Defendants-Respondents.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued February 20, 2003.
Decided August 5, 2003.
Attorney(s) appearing for the Case
Theodore D. Parsons, Jr., Red Bank, argued the cause for appellant Rumson Estates, Inc. (Parsons & Nardelli, attorneys).
Martin A. McGann, Jr., Red Bank, argued the cause for appellants Ferraro Builders, LLC and Rand Associates (Mr. McGann, attorney; Mr. McGann and Marc A. Leckstein, on the briefs).
Bernard M. Reilly, Red Bank, argued the cause for respondents Mayor & Council of the Borough of Fair Haven and Borough of Atlantic Highlands (Dowd & Reilly, attorneys).
Michael B. Steib, Middletown, argued the cause for respondent Borough of Atlantic Highlands Planning Board.
Wayne J. Peck, submitted a brief on behalf of amicus curiae, New Jersey Builders Association in Rumson Estates, Inc. v. Mayor & Council of the Borough of Fair Haven.
Supreme Court of New Jersey.
The opinion of the Court was delivered by LONG, J.
Two basic issues are presented by these appeals.1 The first is whether a municipality may enact a zoning ordinance that alters the definitions in the Municipal Land Use Law (MLUL). N.J.S.A. 40:55D-1 to -136. The second is whether zoning regulations may make provision for different conditions within...
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