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SHORE BUILDERS ASS'N v. TP. OF JACKSON

Nos. A-5805-06T3, A-1563-07T2

949 A.2d 312 (2008)

401 N.J. Super. 152

NEW JERSEY SHORE BUILDERS ASSOCIATION, A Non-Profit New Jersey Corporation, Plaintiff-Respondent, v. TOWNSHIP OF JACKSON, a New Jersey Municipal Corporation located in Ocean County, Defendant-Appellant. Builders League of South Jersey, Plaintiff-Appellant, v. Egg Harbor Township, in the County of Atlantic, a municipal corporation of the State of New Jersey, and the Mayor and Township Committee of Egg Harbor Township, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 2008.

Attorney(s) appearing for the Case

Michael J. Gilmore argued the cause for appellant, Township of Jackson (Gilmore & Monahan, P.A., Toms River, attorneys; Mr. Gilmore, on the brief).

Richard J. Hoff, Jr., Cherry Hill, argued the cause for appellant, Builders League of South Jersey (Flaster/Greenberg P.C., attorneys; Robert M. Washburn, Mr. Hoff, and Matthew T. Stanger, on the brief).

Paul H. Schneider, Red Bank, argued the cause for respondent, New Jersey Shore Builders Association (Giordano, Halleran & Ciesla, attorneys; Mr. Schneider and Matthew N. Fiorovanti, on the brief).

Tara M. Garry argued the cause for respondents, Egg Harbor Township and the Mayor and Township Committee of Egg Harbor Township (Law Offices of Marc Friedman, Upper Montclair, attorneys; Ms. Garry, on the brief).

Before Judges WINKELSTEIN, YANNOTTI and LeWINN.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

In these consolidated appeals, the court is asked to determine the limits of a municipality's authority to condition development approvals on a developer's setting aside land to be used for common open space or recreational areas and facilities, or to pay an assessment in lieu of the set-aside. The New Jersey Shore Builders Association has challenged amendments to the Jackson Township Land Use and...

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