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DEG, LLC v. TOWNSHIP OF FAIRFIELD

939 A.2d 261 (2008)

398 N.J. Super. 59

DEG, LLC, Plaintiff-Respondent v. TOWNSHIP OF FAIRFIELD and Zoning Officer, Glenn Plumstead, in his Official Capacity, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided January 31, 2008.

Attorney(s) appearing for the Case

Bennett M. Stern, Livingston, argued the cause for appellants (Stern, Lavinthal, Frankenberg & Norgaard, attorneys; Mr. Stern and Mark S. Winter, on the brief).

Dennis J. Oury, argued the cause for respondent (Mr. Oury, attorney and of counsel; Sylvia Hall, on the brief).

Before Judges SKILLMAN, WINKELSTEIN and YANNOTTI.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The threshold question presented by this appeal is whether a governmental body has authority to enter into a settlement of a case challenging the constitutionality of a statute under which the governmental body agrees to an injunction against enforcement of the statute. We conclude that a governmental body has such authority if it reasonably concludes there is a substantial question concerning the...

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