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HOPEWELL VALLEY v. BERWIND PROP.

A-83 September Term 2009

10 A.3d 211 (2011)

204 N.J. 569

HOPEWELL VALLEY CITIZENS' GROUP, INC., Plaintiff-Appellant, v. BERWIND PROPERTY GROUP DEVELOPMENT CO., L.P., d/b/a Carter Road CE, LLC, c/o BPG Properties, Ltd; Hopewell Township; Hopewell Township Committee; and Hopewell Township Planning Board, Defendants-Respondents.

Supreme Court of New Jersey.

Decided January 12, 2011.

Attorney(s) appearing for the Case

Katherine V. Dresdner , Livingston, argued the cause for appellant.

Jonathan M. Preziosi argued the cause for respondent BPG Development Company, L.P. ( Pepper Hamilton , attorneys; Mr. Preziosi and Thomas M. Letizia , of counsel; Mr. Preziosi, Mr. Letizia and Michael T. Pidgeon , Princeton, on the brief).

Trishka Waterbury , Princeton, argued the cause for respondent Hopewell Township Planning Board (Mason, Griffin & Pierson, attorneys).

Susan J. Kraham submitted a brief on behalf of amicus curiae New Jersey Conservation Foundation (Morningside Heights Legal Services Environmental Law Clinic Columbia University School of Law, attorneys; Ms. Kraham and Edward L. Lloyd , on the brief).

Justice LONG delivered the opinion of the Court.

Over the objections of members of the public, the Planning Board (Board) of Hopewell Township (Township) granted preliminary site plan approval to the Berwind Property Group Development Co., L.P. (BPG) to develop a parcel of real estate on Carter Road in the Township. On September 27, 2008, BPG published a notice of the resolution in a newspaper of general circulation, and notified the Board of its action. On October...

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