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JENNINGS v. BOROUGH OF HIGHLANDS

No. A-0941-09T1

13 A.3d 911 (2011)

418 N.J. Super. 405

Pauline JENNINGS, Plaintiff-Appellant, v. The BOROUGH OF HIGHLANDS, the Mayor and Council of the Borough of Highlands, the Clerk of the Borough of Highlands, and Highlander Development Group, LLC, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 2011.

Attorney(s) appearing for the Case

R. Armen McOmber , Red Bank, argued the cause for appellant (McOmber & McOmber, P.C., attorneys; Mr. McOmber , of counsel and on the brief).

Kerry E. Higgins argued the cause for respondents Borough of Highlands, Mayor and Council of the Borough of Highlands, and Clerk of the Borough of Highlands (McKenna, DuPont, Higgins & Stone, P.C., attorneys; Edward J. McKenna, Jr. , of counsel; Ms. Higgins , Red Bank, on the brief).

Sam Maybruch argued the cause for respondent Highlander Development Group, LLC (Maybruch & Zapcic, LLC, attorneys; Mr. Maybruch, Hazlet, Allen Weiss , and Matthew R. Goode , Hazlet, on the brief).

Before Judges AXELRAD, R.B. COLEMAN, and J.N. HARRIS.

The opinion of the court was delivered by

JONATHAN N. HARRIS, J.A.D.

This appeal involves the previously unanswered question of whether individual condominium unit owners may oppose zoning amendments through a protest petition. It involves the interplay of the long-established right to protest zoning amendments, N.J.S.A. 40:55D-63, now found in the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, with this State's more recent recognition...

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