DUNBAR HOMES INC. v. ZONING BD. OF ADJUSTMENT OF TOWNSHIP OF FRANKLIN

Docket No. A-3637-14T1.

154 A.3d 710 (2017)

448 N.J. Super. 583

DUNBAR HOMES, INC., Plaintiff-Respondent/Cross-Appellant, v. The ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF FRANKLIN, Defendant-Respondent/Cross-Appellant, and Township of Franklin, Defendant-Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 2017.


Attorney(s) appearing for the Case

Rainone Coughlin Minchello, LLC, attorneys for appellant/cross-respondent ( Louis N. Rainone , of counsel; Jason D. Attwood , on the brief).

Kelso & Bradshaw, attorneys for respondent/cross-appellant Zoning Board of Adjustment of the Township of Franklin, join in the brief of appellant/cross-respondent.

Hutt & Shimanowitz, P.C., attorneys for respondent/cross-appellant Dunbar Homes, Inc. ( Ronald L. Shimanowitz , of counsel; Bryan D. Plocker , on the brief).

Before Judges Espinosa, Rothstadt and Currier.


The opinion of the court was delivered by

The "time of application rule" embodied in N.J.S.A. 40:55D-10.5 provides that regulations in effect "on the date of submission of an application for development" govern the review of that application. This marked a decisive shift from the "time of decision rule" previously...

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