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DIVAN BUILDERS v. PLANNING BD. TP. OF WAYNE

66 N.J. 582 (1975)

334 A.2d 30

DIVAN BUILDERS, INC. A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. PLANNING BOARD OF THE TOWNSHIP OF WAYNE, ET AL., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided March 13, 1975.

Attorney(s) appearing for the Case

Mr. Robert S. Moraff argued the cause for appellants.

Mr. Ronald B. Sokalski argued the cause for respondent (Messrs. Corrado, Corcoran & Sokalski, attorneys; Mr. Sokalski, of counsel and on the brief).

The opinion of the Court was delivered by PASHMAN, J.

The principal question posed by this appeal is whether the Municipal Planning Act, N.J.S.A. 40:55-1.1 et seq. authorizes a municipality to enact an ordinance which empowers the governing body or the Planning Board, if it has been authorized by ordinance to act on applications for subdivision approval "in lieu of the governing body," N.J.S.A. 40:55-1...

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