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MINTZ v. TOWNSHIP OF MILLSTONE

864 A.2d 1160 (2005)

374 N.J. Super. 396

Neal K. MINTZ, Harold Torkelsen, and Janet Torkelsen, Plaintiffs-Respondents, v. TOWNSHIP OF MILLSTONE, and Township of Millstone Planning Board, Defendants-Appellants, and Michelle Orlick, Proposed Intervenor-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 21, 2005.

Attorney(s) appearing for the Case

Lani M. Lombardi argued the cause for appellant Millstone Township Planning Board (Cleary, Alfieri, Grasso & Hoyle, attorneys; Salvatore Alfieri, Matawan, of counsel; Ms. Lombardi, on the brief).

Erin E. Kurowicki argued the cause for proposed intervenor-appellant Michelle Orlick (The Galvin Law Firm, attorneys; Ms. Kurowicki and Dennis M. Galvin, Jackson, on the brief).

William A. Miller argued the cause for respondent Neal K. Mintz.

Lomurro, Davison, Eastman & Munoz, attorneys for appellant Millstone Township, relied upon the brief filed by appellant Millstone Township Planning Board.

Before Judges WEFING, PAYNE and C.S. FISHER.

The opinion of the court was delivered by

FISHER, J.A.D.

The trial judge determined that the Millstone Township Planning Board arbitrarily denied plaintiff Neal K. Mintz's application for subdivision approval. In denying the application, the board relied upon its belief — based upon the memories of some residents, and an ambiguous at best, erroneous at worst, reference in its records — that a condition of its approval of Mintz's predecessor's...

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