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TOLL BROS., INC. v. PLANNING BD. OF TOWNSHIP OF POHATCONG

820 A.2d 122 (2003)

359 N.J. Super. 448

TOLL BROS., INC., and Martin Resnick, Plaintiffs-Respondents, v. The PLANNING BOARD OF the TOWNSHIP OF POHATCONG, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 17, 2003.

Attorney(s) appearing for the Case

Kevin P. Benbrook, Clinton, argued the cause for appellant (Benbrook & Benbrook, attorneys; Mr. Kevin P. Benbrook, on the brief).

Carl S. Bisgaier, Cherry Hill, argued the cause for respondents (Flaster Greenberg, attorneys for respondent Toll Bros., Inc., Raymond R. & David W. Trombadore, attorneys for respondent Martin Resnick; Mr. Bisgaier and David R. Oberlander, on the joint brief).

Before Judges CONLEY, NEWMAN and CARCHMAN.

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

Defendant Planning Board of Pohatcong (Board) appeals an order entered in plaintiff developers'1 in lieu of prerogative writs litigation directing the Board to hear their final subdivision application and render a decision thereon. We affirm.

In June 1993 a 122 single-family home preliminary major subdivision approval was granted for plaintiffs' 84-acre parcel in Pohatcong...

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