Price v. Martinetti

The opinion of the court was delivered by

SKILLMAN, J.A.D.

(retired and temporarily assigned on recall).

The issue presented by this appeal is whether a landowner who obtains the land use approvals required for a development project, and subsequently obtains the land use approvals required for a different form of development project on the site, loses the benefit of the approvals authorizing construction of the originally planned project. We conclude that, at least in the absence of any ordinance or provision in the subsequent land use approvals conditioning those approvals upon rescission of…