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FALLON PROP. v. BETHLEHEM PLAN BD.

849 A.2d 1117 (2004)

369 N.J. Super. 552

FALLONE PROPERTIES, L.L.C., Plaintiff-Respondent/Cross-Appellant, v. BETHLEHEM TOWNSHIP PLANNING BOARD, Defendant-Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 11, 2004.

Attorney(s) appearing for the Case

Woolson, Sutphen, Anderson & Nergaard, Somerville, for defendant-appellant/cross-respondent (William R. Sutphen, III, on the brief).

William R. Connolly, for plaintiff-respondent/cross-appellant.

Before Judges NEWMAN, FALL and PARRILLO.

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

This is an action in lieu of prerogative writs. Defendant Bethlehem Township Planning Board (Board) appeals from a judgment of the Law Division reversing its denial of plaintiff Fallone Properties, L.L.C.'s (Fallone) application for major subdivision approval as arbitrary and unreasonable and on the basis that the Board's decision was made in executive session, in...

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