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Legal Opinion

Divan Builders v. Planning Bd. Tp. of Wayne

Supreme Court of New Jersey

Decided March 13, 1975PublishedCited by 38 opinions

1Opinion of the Court

The opinion of the Court was delivered by

Pashman, J.

The principal question posed by this appeal is whether the Municipal Planning Act, N. J. 8. A. 40:55-1.1 et seq. authorizes a municipality to enact an ordinance which empowers the governing body or the Planning Board, if it has been authorized by ordinance to act on applications for subdivision approval “in lieu of the governing body,” N. J. S. A. 40:55~1.14 to condition subdivision approval upon a developer’s installation of ofE-site improvements. The trial court granted summary judgment for plaintiff, Divan Builders, Inc. v. Wayne Planning…

2Cases cited1 opinion

  1. City of Buena Park v. BoyarCalifornia Court of Appeal · 1960

3Cited by38 opinions

  1. Dolan v. City of TigardSupreme Court of the United States · 1994
  2. Toll Bros., Inc. v. BD. OF CHOSEN FREEHOLDERS, CTY. OF BURLINGTONSupreme Court of New Jersey · 2008
  3. Holmdel Builders Ass'n v. Township of HolmdelSupreme Court of New Jersey · 1990
  4. Quick Chek Food Stores v. Township of SpringfieldSupreme Court of New Jersey · 1980
  5. New Jersey Builders Ass'n v. Mayor of Bernards TownshipSupreme Court of New Jersey · 1987

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