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MAHWAH REALTY v. TP. OF MAHWAH

Docket No. A-1726-10T1

21 A.3d 643 (2011)

420 N.J. Super. 341

MAHWAH REALTY ASSOCIATES, INC., and TSI Mahwah, LLC, Plaintiffs-Respondents, v. TOWNSHIP OF MAHWAH, the Mayor and Council of the Township of Mahwah, and the Planning Board of the Township of Mahwah, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided July 5, 2011.

Attorney(s) appearing for the Case

Andrew T. Fede argued the cause for appellants (Archer & Greiner, attorneys; Terry Paul Bottinelli , of counsel; Mr. Fede , Hackensack, on the brief).

Ira E. Weiner argued the cause for respondents ( Beattie Padovano , attorneys; John J. Lamb and Mr. Weiner , of counsel; Daniel L. Steinhagen , Montvale, on the brief).

Before Judges CUFF, FISHER and FASCIALE.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we consider whether a municipality's adoption of an ordinance inconsistent with its master plan met the requirements of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, and specifically, whether the governing body's reasons for adopting the ordinance were "set forth in a resolution and recorded in its minutes," N.J.S.A. 40:55D-62a. We conclude that the governing...

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