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BUILDERS LEAGUE OF SOUTH JERSEY, INC. v. TP. OF FRANKLIN

928 A.2d 88 (2007)

395 N.J. Super. 46

BUILDERS LEAGUE OF SOUTH JERSEY, INC., a New Jersey non-profit corporation, Plaintiff-Respondent, v. The TOWNSHIP OF FRANKLIN, County of Gloucester, a Municipal Corporation of the State of New Jersey and the Mayor and Township Committee of the Township of Franklin, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided July 18, 2007.

Attorney(s) appearing for the Case

William F. Ziegler, Woodbury, argued the cause for appellants (Holston, MacDonald, Uzdavinis, Eastlack, Ziegler & Lodge, attorneys; Mr. Ziegler and Samuel J. Myles, on the brief).

Robert M. Washburn, Cherry Hill, argued the cause for respondent (Flaster/Greenberg, attorneys; Mr. Washburn, of counsel and on the brief; Matthew S. Burns, on the brief).

Before Judges CUFF, WINKELSTEIN and FUENTES.

The opinion of the court was delivered by

CUFF, P.J.A.D.

Plaintiff Builders League of South Jersey, Inc. (Builders League) challenged a newly adopted ordinance that amended the zoning code and map of defendant Township of Franklin (the Township). Plaintiff alleged, and Judge Bowen agreed, that the amendment created a program for the transfer of development rights and that the program is contrary to the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D...

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