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DOWEL ASSOCIATES v. HARMONY TP. LAND USE BD.

Docket Nos. A-5564-06T3, A-5650-06T3.

956 A.2d 349 (2008)

403 N.J. Super. 1

DOWEL ASSOCIATES, Plaintiff-Respondent, v. HARMONY TOWNSHIP LAND USE BOARD, Defendant-Appellant, and Township of Harmony, Defendant, and Phillipsburg Riverview Organization, Defendant/Intervenor-Respondent. Dowel Associates, Plaintiff-Respondent, v. Harmony Township Land Use Board and Township of Harmony, Defendants, and Phillipsburg Riverview Organization, Defendant/Intervenor-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided September 9, 2008.

Attorney(s) appearing for the Case

Kevin P. Benbrook, Clinton, argued the cause for appellant Harmony Township Land Use Board in A-5564-06T3 (Benbrook & Benbrook, attorneys; Mr. Benbrook, on the brief).

Richard Webster, argued the cause for intervenor/appellant Phillipsburg Riverview Organization in A-5650-06T3 (Eastern Environmental Law Center, attorneys; Mr. Webster and Kathleen Jackson-Shrekgast, on the brief).

Guliet D. Hirsch, Flemington, argued the cause for respondent Dowel Associates in both appeals (Archer & Greiner, attorneys; Ms. Hirsch, on the brief).

Before Judges STERN, COLLESTER and C.L. MINIMAN.

The opinion of the court was delivered by STERN, P.J.A.D.

The Harmony Township Land Use Board (Board) and Phillipsburg Riverview Organization (PRO) appeal from an order of the Law Division entered on May 21, 2007, which "reversed" the February 2005 resolution of the Board denying plaintiff's application for preliminary major subdivision approval to permit development of a residential project known as River Walk (or Riverwalk) on plaintiff's 185.227 acre parcel. The...

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