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MATTER OF TP OF SOUTH BRUNSWICK

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153 A.3d 981 (2016)

448 N.J. Super. 441

In the MATTER OF the APPLICATION OF the TOWNSHIP OF SOUTH BRUNSWICK for a Judgment of Compliance and Repose and Temporary Immunity from Mount Laurel Lawsuits.

Superior Court of New Jersey, Law Division, Middlesex County.

Decided: July 21, 2016.

Attorney(s) appearing for the Case

Donald J. Sears and Benjamin Bucca for the Township of South Brunswick ( Donald J. Sears , attorney).

Kevin D. Walsh and Adam Gordon for Intervenor Fair Share Housing Center, Inc.

Kenneth D. McPherson, Jr. for Intervenor South Brunswick Center, LLC (Waters, McPherson, McNeill, PC, attorneys).

Robert A. Kasuba for Intervenor Avalon Bay Communities, Inc. ( Bisgaier Hoff , attorneys).

Henry L. Kent-Smith and Irina B. Elgart for Intervenor Richardson Fresh Ponds, LLC and Princeton Orchard Associates, LLC (Fox Rothschild LLP, attorneys).

OPINION

I. INTRODUCTION

A. The Procedural Posture

Following the decision of the New Jersey Supreme Court in In re Adoption of N.J.A.C. 5:96 & 5:97 by the N.J. Council on Affordable Housing, 221 N.J. 1, 110 A.3d 31

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