Hutchinson v. Damin Corp.

Plaintiffs appeal from a summary judgment of the Chancery Division declaring that an access easement over a portion of property owned by plaintiff Miriam B. Hutchinson granted to defendant Washington Savings Bank’s predecessor in title was valid and enforceable and did not require subdivision approval by the Jersey City Planning Board. Judge Kentz held that the easement did not constitute a minor subdivision within the intendment of the Municipal Planning Act (1953) (N. J. S. A. 40:55-1.1 et seq.) Therefore, compliance with the local subdivision ordinance was not required. We agree and affirm.