FIRST MONTCLAIR PARTNER v. HEROD


885 A.2d 952 (2005)

381 N.J. Super. 298

FIRST MONTCLAIR PARTNER, L.P., Plaintiff-Appellant, v. HEROD REDEVELOPMENT I, L.L.C., Montclair Planning Board and Montclair Parking Authority, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 15, 2005.


Attorney(s) appearing for the Case

James V. Segreto argued the cause for appellant (Segreto Law Offices, attorneys; Mr. Segreto, of counsel and on the brief).

John C. Messina argued the cause for respondent Herod Redevelopment I, L.L.C. (Berkowitz, Lichtstien, Kuritsky, Giasulo & Gross, attorneys; Mr. Messina, on the brief).

Gregory Mascera argued the cause for respondent Montclair Planning Board (Bannon, Rawding, McDonald & Mascera, attorneys; Mr. Mascera, of counsel and on the brief).

William W. Northgrave argued the cause for respondent Montclair Parking Authority (McManimon & Scotland, attorneys; Mr. Northgrave, of counsel and on the brief).

Before Judges ALLEY, C.S. FISHER and YANNOTTI.


The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we consider and reject, among other things, a contention that the planning board was governed by a local zoning ordinance in considering a proposed redevelopment project.

The Local Redevelopment and Housing Law (LRHL), N.J.S.A. 40A:12A-1 to -73, authorizes municipal governing bodies to implement redevelopment plans in order to improve blighted areas. This purpose has long...

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