NEW JERSEY SHORE BUILDERS ASSOCIATION, A Non-Profit New Jersey Corporation, Plaintiff-Respondent,
v.
TOWNSHIP OF JACKSON, A New Jersey Municipal Corporation located in Ocean County, Defendant-Appellant.
Builders League of South Jersey, Plaintiff-Respondent,
v.
Egg Harbor Township, in the County of Atlantic, A Municipal Corporation of the State of New Jersey, and the Mayor and Township Committee of Egg Harbor Township, Defendants-Appellants.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued March 9, 2009.
Decided June 25, 2009.
Attorney(s) appearing for the Case
Tara M. Garry argued the cause for appellants Egg Harbor Township, Mayor and Township Committee of Egg Harbor Township (Marc Friedman, Linwood, attorney).
Kevin N. Starkey, Brick, argued the cause for appellant Township of Jackson (Starkey, Kelly, Bauer, Kenneally & Cunningham, attorneys; Mr. Starkey and Dina R. Khajezadeh, on the brief).
Richard J. Hoff, Jr., Cherry Hill, argued the cause for respondent Builders League of South Jersey (Flaster/Greenberg, attorneys; Robert M. Washburn, of counsel; Mr. Washburn, Mr. Hoff, and Matthew T. Stanger, on the briefs).
Paul H. Schneider, Red Bank, argued the cause for respondent New Jersey Shore Builders Association (Giordano, Halleran & Ciesla, attorneys).
Edward L. Lloyd and Susan J. Kraham submitted a brief on behalf of amici curiae Sierra Club and Association of New Jersey Environmental Commissions (Mr. Lloyd and Ms. Kraham, attorneys).
David G. Evans, Pittstown, submitted a brief on behalf of amicus curiae Pacific Legal Foundation.
Supreme Court of New Jersey.
PER CURIAM.
We granted certification in these consolidated appeals to review the Appellate Division's published decision, N.J. Shore Builders Ass'n v. Twp. of Jackson,401 N.J.Super. 152, 949 A.2d 312 (App.Div. 2008), concluding that municipalities lack the authority to adopt ordinances that require developers to provide open space or recreational area set-asides, or payments in lieu...
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