Borough of Brookhaven v. Iacobucci

TOAL, J.,

Plaintiff, Borough of Brookhaven, filed a complaint in equity seeking to enjoin defendants from selling certain apartment dwelling units as condominium units. Defendants have filed an answer to the complaint. The matter is now before us on defendants’ motion for judgment on the pleadings or summary judgment following argument before the court en banc.

There is no substantive dispute concerning the factual situation. Defendants filed with the borough plans for the development and improvement, with apartments, of a tract of land in the borough located on Edgmont Avenue and Duttons Mill…