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TOLL BROS., INC. v. TOWNSHIP OF READINGTON

No. 06-1053.

555 F.3d 131 (2009)

TOLL BROS., INC., Appellant v. TOWNSHIP OF READINGTON; Mayor and Committee for the Township of Readington, individually and in their official capacities; Township of Readington Planning Board; Members of the Township of Readington Planning Board, individually and in their official capacities; Julia C. Allen, individually and in her official capacity; Ronald P. Monaco, individually and in his official capacity; Beatrice Muir, individually and in her official capacity; Gerard J. Shamey, individually and in his official capacity; Frank L. Gatti, individually and in his official capacity; John and Jane Does 1-20; ABC Municipal Agencies 1-10, fictitious agencies.

United States Court of Appeals, Third Circuit.

Filed: February 4, 2009.

Attorney(s) appearing for the Case

Darren H. Goldstein, [Argued], James A. Kozachek, Albert M. Belmont, III, Carl S. Bisgaier, Flaster Greenberg, P.C., Cherry Hill, NJ, for Appellant.

Valerie J. Kimson, [Argued], Susan A. Lawless, Purcell, Ries, Shannon, Mulcahy & O'Neill, Bedminster, NJ, John M. Bowens, Esq., Schenck, Price, Smith & Smith, Morristown, NJ, for Appellees.

Before SCIRICA, Chief Judge, FUENTES and CHAGARES, Circuit Judges.

OPINION OF THE COURT

CHAGARES, Circuit Judge.

We consider whether a real estate developer with an option to buy a parcel of land has standing to challenge zoning restrictions that prevent its planned development from going forward. We hold that it does.

I.

Appellant Toll Brothers, Inc. describes itself as "the nation's leading builder of luxury homes...." See Toll Brothers, http://www.tollbrothers.com (last visited January 15, 2009...

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