Legal Opinion

Township of Marlboro v. Planning Board of Holmdel

New Jersey Superior Court Appellate Division

Decided February 24, 1995PublishedCited by 8 opinions

1Opinion of the Court

The opinion of the court was delivered by

PRESSLER, P.J.A.D.

This consolidated appeal requires us once again to consider the consequences of illegal exactions obtained by a municipal land use planning agency from a developer during the application approval process. In Nunziato v. Edgewater Planning Bd., 225 N.J.Super. 124, 541 A.2d 1105 (App.Div.1988), we held that a resolution approving the variance and site plan application of the developer of a high-rise luxury apartment building was vitiated by the board’s imposition of the condition, agreed to by the developer, that a substantial financial…

2Cases cited8 opinions

  1. F.M.C. Stores Co. v. Borough of Morris PlainsSupreme Court of New Jersey · 1985
  2. Urban Farms, Inc. v. Franklin LakesNew Jersey Superior Court Appellate Division · 1981
  3. Longridge Builders v. Planning Bd. of Princeton Tp.Supreme Court of New Jersey · 1968
  4. New Jersey Builders Ass'n v. Mayor of Bernards TownshipSupreme Court of New Jersey · 1987
  5. Lake Intervale Homes, Inc. v. Township of Parsippany-Troy HillsSupreme Court of New Jersey · 1958

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Toll Bros., Inc. v. BD. OF CHOSEN FREEHOLDERS, CTY. OF BURLINGTONSupreme Court of New Jersey · 2008
  2. Borough of Haledon v. Borough of North HaledonNew Jersey Superior Court Appellate Division · 2003
  3. Pond Run Watershed Ass'n v. Tp. of Hamilton Zoning Bd.New Jersey Superior Court Appellate Division · 2008
  4. East/West Venture v. Fort LeeNew Jersey Superior Court Appellate Division · 1996
  5. Shore Builders Ass'n v. Tp. of JacksonNew Jersey Superior Court Appellate Division · 2008

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API