TIMBER GLEN PH. III v. HAMILTON

Docket No. A-1775-13T1

120 A.3d 226 (2015)

441 N.J. Super. 514

TIMBER GLEN PHASE III, LLC, a New Jersey Limited Liability Company, and JSM at Timber Glen, LLC, a New Jersey Limited Liability Company, Plaintiffs-Appellants, v. TOWNSHIP OF HAMILTON, a Municipal Corporation of the State of New Jersey, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 6, 2015.


Attorney(s) appearing for the Case

Ronald L. Shimanowitz argued the cause for appellants (Hutt & Shimanowitz, P.C., attorneys; Mr. Shimanowitz and Bryan D. Plocker , on the briefs).

Robert S. Sandman argued the cause for respondent (Hankin Sandman Palladino & Weintrob, attorneys; Raymond J. Went, Jr , Atlantic City, on the brief).

Edward Purcell , Associate Counsel, argued the cause for amicus curiae New Jersey State League of Municipalities (Mr. Purcell, attorney; William J. Kearns, Jr. , of counsel; Mr. Purcell, on the brief).

Sean A. Smith , Roseland, argued the cause for amicus curiae New Jersey Apartment Association (Brach Eichler, LLC, attorneys; Charles X. Gormally , Roseland, of counsel and on the brief; Mr. Smith, on the brief).

Robert M. Washburn argued the cause for amicus curiae New Jersey Builders Association (Flaster Greenberg, P.C., attorneys; Mr. Washburn, of counsel; Emily Breslin Markos , Cherry Hill, on the brief).

Barry S. Goodman argued the cause for amicus curiae New Jersey Realtors (Greenbaum, Rowe, Smith & Davis, LLP, attorneys; Mr. Goodman, of counsel and on the brief; Steven B. Gladis , Iselin, on the brief).

Before Judges LIHOTZ, ST. JOHN and ROTHSTADT.


The opinion of the court was delivered by

In this appeal, the parties disagree on the scope of municipal authority granted by N.J.S.A. 40:52-1 (the Licensing Act), which empowers municipalities to adopt licensing ordinances under specific circumstances. Plaintiffs Timber Glen Phase III, LLC and JSM at Timber Glen...

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