Manalapan Realty v. Township Committee of the Township of Manalapan

This appeal as of right based on the dissent below, see Rule 2:2-1(a)(2), is limited to the validity of two amendments to the Manalapan Zoning Ordinance adopted in July 1991. Specifically, Judge Wefing’s dissent disagreed with the Appellate Division’s holding that the amendments were not arbitrary and capricious and were not substantially inconsistent with Manalapan’s Master Plan. 272 N.J.Super. 1, 19-21, 639 A.2d 318 (App.Div.1994) (Wefing, J., dissenting). Although the Court’s opinion acknowledges that Manalapan has subsequently adopted a new zoning ordinance that affects the substance of…