MT. LAUREL TWP. v. MiPRO HOMES, L.L.C.


910 A.2d 617 (2006)

188 N.J. 531

MOUNT LAUREL TOWNSHIP, Plaintiff-Respondent, v. MiPRO HOMES, L.L.C., Defendant-Appellant, and Lorraine C. Elbon and 190 Elbo, L.L.C., Defendants, and Builders League of South Jersey, Inc., a New Jersey non-profit corporation, Defendant-Intervenor-Appellant.

Supreme Court of New Jersey.

Decided December 7, 2006.


Attorney(s) appearing for the Case

Jeffrey I. Baron, Voorhees, argued the cause for appellant (Baron & Riefberg, attorneys; Mr. Baron and Barbara E. Riefberg, on the briefs).

Robert M. Washburn, Cherry Hill, argued the cause for intervenor-appellant (Flaster/Greenberg, attorneys; Mr. Washburn and Vincent J. Nolan, III, of counsel and on the briefs).

Michael L. Mouber, Marlton, argued the cause for respondent.

Jeffrey N. Rabin, Assistant County Solicitor, argued the cause for amicus curiae Board of Chosen Freeholders of the County of Burlington (Evan H.C. Crook, Burlington County Solicitor, attorney).

Thomas W. Dunn, Montvale, argued the cause for amici curiae The New Jersey State League of Municipalities and New Jersey Institute of Local Government Attorneys (Beattie Padovano and William John Kearns, Jr., General Counsel attorneys).

Rachel J. Horowitz, Deputy Attorney General, submitted a brief on behalf of amicus curiae State of New Jersey (Zulima V. Farber, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel).

Meryl A.G. Gonchar, Woodbridge, submitted a brief on behalf of amicus curiae New Jersey Builders Association (Greenbaum, Rowe, Smith & Davis, attorneys; Mr. Gonchar, Dean A. Gaver and Steven Firkser, of counsel and on the brief).

Robert J. Assuncao, Edison, submitted a brief on behalf of amicus curiae National Association of Home Builders (DLA Piper Rudnick Gray Cary US, attorneys).


PER CURIAM.

We affirm the holding of the Appellate Division for the reasons expressed by Judge Skillman in his thoughtful and well-written opinion. We recognize, as did the panel below, that the citizens of New Jersey have expressed a strong and sustained public interest in the acquisition and preservation of open space. The Appellate Division points to the numerous statutes enacted in the 1960s and 70s, and even more recently in the 1990s, authorizing loans and grants...

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