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JACKSON HOLDINGS v. PLANNING BD.

DOCKET NO. A-3435-08T1.

998 A.2d 530 (2010)

414 N.J. Super. 342

JACKSON HOLDINGS, LLC, Mortimer Litt, Krupnick Realty Holdings, Inc., James R. Johnson, Jr., Raymond F. Shea, Jr., John Furlong, Plaintiffs-Respondents, v. JACKSON TOWNSHIP PLANNING BOARD, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 14, 2010.

Attorney(s) appearing for the Case

Gregory P. McGuckin, Forked River, argued the cause for appellant (Dasti, Murphy, McGuckin, Ulaky, Cherkos & Connors, attorneys; Mr. McGuckin, of counsel; Christopher K. Koutsouris, on the briefs).

William F. Harrison, Newark, argued the cause for respondents (Genova, Burns & Giantomasi, attorneys; Mr. Harrison, of counsel and on the brief; Lisa A. John, on the brief).

Before Judges SKILLMAN, FUENTES and SIMONELLI.

The opinion of the court was delivered by SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether a trial court may order a planning board to grant an application for a land use approval even though the court determines that there is a substantial question concerning the validity of the part of the zoning ordinance under which that approval was sought. We conclude that if a trial court hearing an action challenging a planning board's decision on an application...

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