Mintz v. Township of Millstone

The opinion of the court was delivered by

FISHER, J.A.D.

The trial judge determined that the Millstone Township Planning Board arbitrarily denied plaintiff Neal K. Mintz’s application *398for subdivision approval. In denying the application, the board relied upon its belief — based upon the memories of some residents, and an ambiguous at best, erroneous at worst, reference in its records — that a condition of its approval of Mintz’s predecessor’s application was a restriction on any further subdivision. Because we agree with the trial judge’s conclusion that this alleged restriction was neither…