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DIVAN BUILDERS v. PLANNING BD. OF WAYNE TP.

122 N.J. Super. 508 (1973)

300 A.2d 883

DIVAN BUILDERS, INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. PLANNING BOARD OF THE TOWNSHIP OF WAYNE AND MAYOR AND COUNCIL OF THE TOWNSHIP OF WAYNE, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided February 13, 1973.

Attorney(s) appearing for the Case

Messrs. Corrado, Corcoran & Sokalski, attorneys for plaintiff (Mr. Ronald Sokalski appearing).

Messrs. Hunziker, Hunziker & Stein, attorneys for defendant Planning Board (Mr. Kenneth S. Stein appearing).

Mr. Michael C. Rudolph, attorney for defendant Mayor and Council.

SCHWARTZ, L., J.D.C., Temporarily Assigned.

Plaintiff, an applicant for final subdivision approval, brought this action against the governing body and the Planning Board of Wayne Township to recover the sum of $20,000 which it was required to contribute towards the construction cost of an off-site municipal drainage facility as a condition precedent to receiving approval.

The facts, as stipulated in this case, are that preliminary subdivision approval had...

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