Township of Dover v. Board of Adjustment

Havey, J. C. C.,

Temporarily Assigned. This action in lien of prerogative writs was instituted by the Township of Dover against its board of adjustment and Villages of ’76, a partnership and a property owner within the township.

Defendant developer applied for and received approval from defendant board of adjustment to construct a “cluster” development project consisting of 162 building lots on a tract consisting of 81.47 acres situated in the “'rural” zone of the township, as delineated by the Dover Township zoning ordinance. Although such a cluster-residential type development was a permitted…