SAVE HAMILTON OPEN SPACE v. HAMILTON TP. PLANNING BD.

DOCKET NO. A-1795-07T2.

961 A.2d 732 (2008)

404 N.J. Super. 278

SAVE HAMILTON OPEN SPACE, Plaintiff-Appellant, v. HAMILTON TOWNSHIP PLANNING BOARD, Gres and Kaluzny Land Development, L.L.C., and John and Eileen Haller, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 7, 2008.


Attorney(s) appearing for the Case

Stuart J. Lieberman, Princeton, argued the cause for appellant (Lieberman & Blecher, attorneys; Mr. Lieberman, on the brief).

Michael W. Herbert, Princeton, argued the cause for respondent Hamilton Township Planning Board (Herbert, Van Ness, Cayci & Goodell, attorneys; Mr. Herbert, on the brief).

Henry T. Chou, Princeton, argued the cause for respondents Gres and Kaluzny Land Development, L.L.C. and John and Eileen Haller (Hill Wallack, attorneys; Mr. Chou and Donald R. Daines, on the brief).

Michele R. Donato, Lavallette, argued the cause for amici curiae Save Barnegat Bay and The Sierra Club New Jersey Chapter.

Before Judges SKILLMAN, GRAVES and GRALL.


The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

On May 13, 2004, defendant Gres and Kaluzny Land Development, L.L.C. (Land Development), the contract purchaser of a 7.68-acre parcel of land in Hamilton Township, Mercer County, obtained preliminary subdivision approval from defendant Hamilton Township Planning Board for a subdivision of seventeen lots, sixteen of which would be utilized for single-family detached residences and one of which would...

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