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LEVITT AND SONS, INC. v. TP. OF FREEHOLD

120 N.J. Super. 595 (1972)

295 A.2d 397

LEVITT AND SONS, INCORPORATED, A CORPORATION OF THE STATE OF DELAWARE AND AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, PLAINTIFF, v. TOWNSHIP OF FREEHOLD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND HAROLD H. SCHANK, TOWNSHIP CLERK OF THE TOWNSHIP OF FREEHOLD, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided September 22, 1972.

Attorney(s) appearing for the Case

Mr. Henry J. Saling argued the cause for plaintiff (Messrs. Saling, Moore, O'Mara & Coogan, Attorneys).

Mr. John A. Kaye argued the cause for defendants.

LANE, J.S.C.

In this action in lieu of prerogative writ plaintiff seeks a judgment compelling defendant to approve tentatively plaintiff's subdivision plat. The matter is before the court on plaintiff's motion to proceed summarily pursuant to R. 4:67-1 (b).

Plaintiff sought from the Planning Board a recommendation to the governing body of a tentative approval of a subdivision plat. After five hearings the Planning Board adopted a resolution recommending...

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