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HARRIS v. SALEM COUNTY PLANNING BD.

123 N.J. Super. 304 (1973)

302 A.2d 552

HOWARD HARRIS, JR. AND WILLIAM E. FOWLER, PLAINTIFFS-APPELLANTS, v. THE SALEM COUNTY PLANNING BOARD AND THE BOARD OF FREEHOLDERS OF THE COUNTY OF SALEM, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 1973.

Attorney(s) appearing for the Case

Mr. Oakford W. Acton, Jr. argued the cause for appellants (Messrs. Acton & Point, attorneys).

Mr. William C. Horner argued the cause for respondent-cross appellant, Salem County Planning Board.

Mr. George S. Friedman filed a statement in lieu of brief on behalf of respondent, the Board of Freeholders of Salem County.

Messrs. Archer, Greiner & Read filed a brief amicus curiae on behalf of Exxon Company, U.S.A.

Before Judges COLLESTER, LEONARD and HALPERN.

PER CURIAM.

The cross-appeals from the summary judgment here involved present the following issues: (a) is that part of the County Planning Act (N.J.S.A. 40:27-6.2) constitutional which permits boards of chosen freeholders to adopt procedures and standards to compel those seeking subdivision approval to dedicate a portion of their lands abutting a county road so as to conform with the county master plan, and...

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