Menk Corp. v. Township Committee

SERPENTELLI, A.J.S.C.

This Action in Lieu of Prerogative Writs raises an issue of first impression arising out of the implementation of the Mount Laurel doctrine.1 Menk Corporation (hereinafter “plaintiff’, “applicant” or “Menk”), seeks to compel the Barnegat Township Committee (hereinafter “Township” or “defendant”) to vacate three unimproved paper streets so that Menk may proceed with a 347-unit inclusionary development that will provide thirty-five affordable housing units.

Plaintiff appeared before the Barnegat Township Planning Board on June 24 and July 22, 2003, seeking preliminary site…