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DeMARIA v. JEB BROOK, LLC

855 A.2d 628 (2004)

372 N.J.Super. 138

Charles DeMARIA and Michael Golub, Plaintiffs, v. JEB BROOK, LLC, the Woodlands at Neptune and Planning Board of the Township of Neptune, Defendants.

Superior Court of New Jersey, Law Division, Monmouth County.

Decided October 3, 2003.

Attorney(s) appearing for the Case

Michael Rubino, Spring Lake, for plaintiffs DeMaria and Golub (Pandolfe Shaw & Rubino, attorneys).

Glenn S. Pantel (Drinker Biddle & Reath, attorneys), Florham Park and Douglas K. Wolfson (Greenbaum Rowe Smith Ravin Davis & Himmel, attorneys), Woodbridge, for defendants JEB Brook and the Woodlands at Neptune.

Gordon N. Gemma, Montvale, for defendant Neptune, Township Planning Board.

O'HAGAN, J.S.C.

Should a reviewing court allow site plan approval to stand where the Planning Board committed significant procedural and substantive errors in violation of the Municipal Land Use Law but the blameless applicant complied with all applicable zoning and site plan ordinances?

The errors committed by the Planning Board, among others alleged, included a failure to swear in certain witnesses as well as frequent and rather confusing changes of the...

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