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ROCKY HILL CITIZENS v. PLANNING BD. OF BOROUGH OF ROCKY HILL

DOCKET NO. A-1595-07T1.

967 A.2d 929 (2009)

406 N.J. Super. 384

ROCKY HILL CITIZENS FOR RESPONSIBLE GROWTH, an unincorporated association; Susan Bristol, Jane Oakley, Constance Greiff, Joan Eckstein, Caron Wendell, Amy Gottschalk, John Frank and Corrine March, individually and as members of Rocky Hill Citizens for Responsible Growth, Plaintiffs-Appellants, v. PLANNING BOARD OF the BOROUGH OF ROCKY HILL; Mayor and Council of the Borough of Rocky Hill, Pulte Homes of New Jersey, a Limited Partnership; Schafer Capital Management and David Schafer, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 2009.

Attorney(s) appearing for the Case

Walter R. Bliss, Jr., Princeton Junction, argued the cause for appellants.

Donald R. Daines, Princetin, argued the cause for respondents Pulte Homes of New Jersey, Schafer Capital Management and David Schafer (Hill Wallack, attorneys; Henry T. Chou, on the brief).

Valerie J. Kimson, Bedminster, for respondent Planning Board of the Borough of Rocky Hill, joins in the brief of respondents Pulte Homes of New Jersey, Schafer Capital Management and David Schafer.

DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, Warren, for respondents Mayor and Council of the Borough of Rocky Hill, join in the brief of respondents Pulte Homes of New Jersey, Schafer Capital Management and David Schafer.

Before Judges CARCHMAN, R.B. COLEMAN and SIMONELLI.

The opinion of the court was delivered by

CARCHMAN, P.J.A.D.

The Borough of Rocky Hill, a small Somerset County municipality established in the 19th Century, consisting of 600 residents and approximately 250 homes, incorporates within its geographic borders, a Historic Preservation District (the District or HPD) that encompasses the critical core of the municipality and "defines the community." To secure its historical...

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