TOLL BROS., INC. and Laurel Creek, L.P., Plaintiffs-Appellants,
v.
BOARD OF CHOSEN FREEHOLDERS OF the COUNTY OF BURLINGTON and the Planning Board of the County of Burlington, Defendants-Respondents.
Toll Bros., Inc., and Laurel Creek, L.P., Plaintiffs-Appellants,
v.
Thomas R. Whitesell, Whitesell Enterprises, Whitesell Construction Company, Inc., Centerton Road, L.L.C., TRW Land, L.P., and The Planning Board of the Township of Mt. Laurel, Defendants-Respondents.
Toll Bros., Inc., and Laurel Creek, L.P., Plaintiffs-Appellants,
v.
Moorestown Township Planning Board and The Township of Moorestown, Defendants-Respondents.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued April 4, 2006.
Decided September 18, 2006.
Attorney(s) appearing for the Case
Carl S. Bisgaier argued the cause for appellants (Flaster/Greenberg, attorneys; Richard J. Hoff, Jr., Mr. Bisgaier and Frank H. Wisniewski, Cherry Hill, on the briefs).
Anthony T. Drollas, Jr., Trenton, argued the cause for respondents Board of Chosen Freeholders and Planning Board of the County of Burlington (Capehart Scatchard, attorneys; Mr. Drollas, on the brief).
Mitchell A. Livingston argued the cause for respondents Thomas R. Whitesell, Whitesell Enterprises, Whitesell Construction Company, Inc., Centerton Road, L.L.C., and TRW Land (Sterns & Weinroth, attorneys; Mr. Livingston and Brian J. Mulligan, Trenton, on the brief).
Peter Thorndike, Cherry Hill, argued the cause for respondent Moorestown Township Planning Board (Ryan & Thorndike, attorneys, and Dennis P. Talty, attorney for Township of Moorestown; Mr. Thorndike and Mr. Talty, on the joint brief).
Christopher Norman argued the cause for respondent Mount Laurel Township Planning Board (Norman & Kingsbury, attorneys; Mr. Norman, on the brief).
Before Judges LEFELT, HOENS and SELTZER.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
LEFELT, J.A.D.
All three of these appeals,1 which we have consolidated for purposes of decision, deal with whether plaintiff developer, Toll Brothers, Inc., should be bound by two agreements that it entered into with defendants Burlington County and Moorestown Township for the completion, at plaintiff's sole cost, of certain road improvements, which are now estimated at over $5,000,000...
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