PEAPACK-GLADSTONE v. BOROUGH OF PEAPACK-GLADSTONE LAND USE BOARD

No. A-4668-07T3

971 A.2d 449 (2009)

407 N.J. Super. 404

FRIENDS OF PEAPACK-GLADSTONE, Plaintiff-Appellant, v. BOROUGH OF PEAPACK-GLADSTONE LAND USE BOARD; The Mayor and Council of the Borough of Peapack-Gladstone; HF Cottages, L.L.C.; and HF Development, L.L.C., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 10, 2009.


Attorney(s) appearing for the Case

Nicole Bearce Albano argued the cause for appellant (Lowenstein Sandler, PC, attorneys; Ms. Albano, of counsel and on the brief; David M. Reiner, Roseland, on the brief).

Edward J. Trawinski, Clifton, argued the cause for respondent Borough of Peapack-Gladstone (Schenck, Price, Smith & King, LLP, attorneys, join in the brief of respondents HF Cottages, LLC, and HF Development, LLC).

Sharon H. Moore argued the cause for respondents Mayor and Council of the Borough of Peapack-Gladstone (Gebhardt & Kiefer, attorneys, join in the brief of respondents HF Cottages, LLC, and HF Development, LLC).

Christopher John Stracco argued the cause for respondents HF Cottages, LLC, and HF Development, LLC (Day Pitney, LLP, attorneys; Mr. Stracco and Jennifer Gorga Capone, on the brief).

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


The opinion of the court was delivered by

SABATINO, J.A.D.

This is an appeal of a settlement entered into between a real estate developer and a local land use board. The settlement was approved by the trial court following a hearing before the board consistent with Whispering Woods at Bamm Hollow, Inc. v. Twp. of Middletown Planning Bd., 220 N.J.Super. 161, ...

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