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RAMAPO RIVER RESERVE HOMEOWNERS ASSOC. INC. v. OAKLAND

896 A.2d 459 (2006)

186 N.J. 439

RAMAPO RIVER RESERVE HOMEOWNERS ASSOCIATION, INC., Plaintiff, v. BOROUGH OF OAKLAND, a municipal corporation, Defendant and Third Party Plaintiff-Appellant, v. Baker Residential, LP, Third Party Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 13, 2006.

Attorney(s) appearing for the Case

Brian M. Chewcaskie, Fort Lee, argued the cause for appellant (Gittleman, Muhlstock & Chewcaskie, attorneys).

Lawrence H. Wertheim argued the cause for respondent (Himelman, Wertheim & Geller, attorneys).

Justice RIVERA-SOTO delivered the opinion of the Court.

This appeal requires that we harmonize, as a matter of public policy, the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -99, governing municipal development agreements—"written agreement[s] between a municipality and a developer relating to the planned development[,]" N.J.S.A. 40:55D-45.2l.—with the obligation set forth in the Municipal Services Act requiring...

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