DUNBAR HOMES, INC. v. ZONING BD

A-89 September Term 2016 079076.

187 A.3d 142 (2018)

233 N.J. 546

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

Supreme Court of New Jersey.

Decided June 20, 2018.


Attorney(s) appearing for the Case

Ronald L. Shimanowitz argued the cause for appellant (Hutt & Shimanowitz, attorneys; Ronald L. Shimanowitz and Bryan D. Plocker , of counsel and on the briefs).

Louis N. Rainone argued the cause for respondent Township of Franklin ( Rainone Coughlin Minchello , attorneys; Louis N. Rainone , of counsel and on the briefs, and Carol A. Berlen , on the briefs).

James J. Kinneally, III , argued the cause for respondent The Zoning Board of Adjustment of the Township of Franklin (Marriott Callahan & Blair, attorneys; respondent joins in the brief of respondent Township of Franklin).

Meryl A.G. Gonchar , argued the cause for amici curiae New Jersey Builders Association, NAIOP New Jersey Chapter, Inc., and International Council of Shopping Centers (Sills Cummis & Gross and Flaster Greenberg, attorneys; Meryl A.G. Gonchar , Robert M. Washburn , and Melissa Hazell Davis , on the brief).

Howard D. Geneslaw , argued the cause for amicus curiae New Jersey State Bar Association (New Jersey State Bar Association, attorneys; Robert B. Hille , President, of counsel and on the brief, and Michael D. DeLoreto , Howard D. Geneslaw , and Cameron W. MacLeod , on the brief).

F. Clifford Gibbons argued the cause for amici curiae New Jersey State League of Municipalities and New Jersey Institute of Local Government Attorneys (F. Clifford Gibbons, of counsel and on the brief).


N.J.S.A. 40:55D-10.5, a section of the Municipal Land Use Law, provides that "development regulations which are in effect on the date of submission of an application for development shall govern the review of that application for development." That rule is known as the Time of Application Rule...

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