Fallone Properties, L.L.C. v. Bethlehem Township Planning Board

The opinion of the court was delivered by

PARRILLO, J.A.D.

This is an action in lieu of prerogative writs. Defendant Bethlehem Township Planning Board (Board) appeals from a judgment *557of the Law Division reversing its denial of plaintiff Fallone Properties, L.L.C.’s (Fallone) application for major subdivision approval as arbitrary and unreasonable and on the basis that the Board’s decision was made in executive session, in violation of the Open Public Meeting Act, N.J.S.A. 10:4-6 to -21 (OPMA). Plaintiff cross-appeals from the Law Division’s denial of its application for automatic statutory…