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NICCOLLAI v. PLANNING BD. OF THE TP. OF WAYNE

148 N.J. Super. 150 (1977)

372 A.2d 352

JOHN NICCOLLAI AND RENEE NICCOLLAI; JOSEPH SHERMAN AND LILA SHERMAN; BURTON LERNER AND RINA LERNER; RONALD HARRIS AND JANE HARRIS; PAUL DAVIS AND SHEILA DAVIS; JOHN SESSA AND ANNE SESSA; MARTIN ROSEN AND BARBARA ROSEN; PHILIP DE BRUNO AND GINA DE BRUNO; LEONARD LESNIAK AND JAN LESNIAK; IRWIN COHEN AND MRS. I. COHEN; STUART SEIGEL AND MRS. S. SEIGAL; KAY OLSON AND ANNELIESE OLSON; ROBERT ELLIS AND MRS. R. ELLIS, PLAINTIFFS-APPELLANTS, v. PLANNING BOARD OF THE TOWNSHIP OF WAYNE; MAYOR AND COUNCIL OF THE TOWNSHIP OF WAYNE; AND NOAH BERLEY, RALPH TEROWSKY AND JEROME MERZON, TRADING AS TERN ASSOCIATES, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 3, 1977.

Attorney(s) appearing for the Case

Mr. James V. Segreto argued the cause for appellants (Messrs. Segreto & Segreto, attorneys).

Mr. George O. Foster argued the cause for respondent Planning Board of the Township of Wayne.

Mr. Frank Scangarella argued the cause for respondent Township of Wayne (Messrs. Scangarella & Feeney, attorneys; Mr. Lawrence D. Katz, Assistant Township Counsel, on the brief).

Mr. William L. Brach argued the cause for respondents Tern Associates (Messrs. Brach, Eichler, Rosenberg & Silver, attorneys; Mr. George Y. Sodowick on the brief).

Before Judges LYNCH, MILMED and ANTELL.

The opinion of the court was delivered by ANTELL, J.A.D.

The question presented on this appeal is whether a municipal zoning ordinance providing for the approval of residential cluster housing developments must conform to the requirements of the Municipal Planned Unit Development Act (1967), N.J.S.A. 40:55-54 et seq. (hereinafter PUD). The judgment under review was entered in this action in lieu of prerogative...

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