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GANDOLFI v. TOWN OF HAMMONTON

843 A.2d 1175 (2004)

367 N.J. Super. 527

Bruce and Rita GANDOLFI; Michael and Annette Donio; Mark and Rosemarie Rodio; Carmen and Josephine Bartalone; Frank and Loretta Bartalone; and Dennis and Cynthia Christopher, Plaintiffs-Respondents, v. TOWN OF HAMMONTON and Town of Hammonton Planning Board, Defendants, and S.M.A. Land Developers, L.L.C., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 23, 2004.

Attorney(s) appearing for the Case

Charles Lee Harp, Jr., Haddenfield, argued the cause for appellant (Archer & Greiner, attorneys; Mr. Harp, on the brief).

Rocco J. Tedesco, Vineland, argued the cause for respondents (Kavesh, Pancari, Tedesco & Pancari, attorneys; Mr. Tedesco, on the brief).

Before Judges HAVEY, PARRILLO and HOENS.

The opinion of the Court was delivered by HAVEY, P.J.A.D.

In this appeal, we revisit the question to what extent land-use litigation may be settled. Defendant Planning Board of the Town of Hammonton granted SMA Land Developers, LLC (SMA) a conditional-use approval for a twenty-nine lot cluster residential development on a twenty-four acre site. However, the Board denied SMA's application for a subdivision. SMA challenged...

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