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MT. HILL, L.L.C. v. TP. COMMITTEE OF MIDDLETOWN

No. A-2404-06T2

958 A.2d 1 (2008)

403 N.J. Super. 146

MOUNTAIN HILL, L.L.C., Plaintiff-Appellant, v. TOWNSHIP COMMITTEE OF the TOWNSHIP OF MIDDLETOWN and the Planning Board of the Township of Middletown, Defendants-Respondents, and Mountain Hill, L.L.C., Plaintiff-Appellant, v. Planning Board of the Township of Middletown, Defendant-Respondent, and Mountain Hill, L.L.C., Plaintiff-Appellant, v. Township Committee of the Township of Middletown, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided September 10, 2008.

Attorney(s) appearing for the Case

Gary E. Fox, Ocean Township, argued the cause for appellant (Fox & Melofchik, Ocean Township and Hill Wallack, attorneys, Princeton; Mr. Fox and Donald R. Daines, Princeton, on the brief).

Bernard M. Reilly, Red bank, argued the cause for respondent Township of Middletown (Dowd & Reilly, attorneys; Mr. Reilly, on the brief).

James H. Gorman, Shrewsbury, argued the cause for respondent Middletown Planning Board.

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

The opinion of the court was delivered by

C.L. MINIMAN, J.A.D.

Plaintiff Mountain Hill, L.L.C. (Mountain Hill), appeals from an order of partial judgment entered on April 22, 2005, in the consolidated actions of Middletown Township Planning Board v. Mountain Hill, L.L.C., Docket No. L-5008-03,1 and Mountain Hill, L.L.C. v. Township Committee of the Township of Middletown and the...

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