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MANZO v. MAYOR OF TP. OF MARLBORO

838 A.2d 463 (2003)

365 N.J. Super. 70

Rose MANZO, an incompetent person, by the Guardian of her property, and Morgan Estates, L.L.C., a New Jersey Limited Company, Plaintiffs-Appellants, v. The MAYOR AND TOWNSHIP COUNCIL OF the TOWNSHIP OF MARLBORO, and Marlboro Township, a Municipal Corporation of the State of New Jersey located in Monmouth County, New Jersey, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 10, 2003.

Attorney(s) appearing for the Case

Wolff & Samson, West Orange, for appellant Rose Manzo (Adam K. Derman, of counsel and on the brief; James M. Graziano, also on the brief).

Mehr, LaFrance & Basen, for appellant Morgan Estates, L.L.C. (Scott J. Basen, on the letter relying on the brief filed on behalf of appellant Rose Manzo).

DeCotiis, FitzPatrick, Cole & Wisler, Teaneck, for respondents (R. Brian McLaughlin, on the brief).

Before Judges PETRELLA, COLLESTER and FUENTES.

PER CURIAM.

Plaintiffs, Rose Manzo, an incompetent, by the guardian of her estate, and Morgan Estates, L.L.C., appeal from a determination of Judge O'Hagan in the Law Division dismissing their complaint in lieu of prerogative writs. The judge upheld a Marlboro Township (Township) zoning ordinance amendment, subject to a court-ordered modification to allow cluster zoning, against plaintiffs' challenge to that ordinance. After judgment was entered, the Township adopted...

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