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TP. OF DOVER v. BD. OF ADJ. OF TP. OF DOVER

149 N.J. Super. 497 (1977)

374 A.2d 67

TOWNSHIP OF DOVER, (A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY), PLAINTIFF, v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF DOVER, (A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY) AND VILLAGES OF '76, A PARTNERSHIP, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 19, 1977.

Attorney(s) appearing for the Case

Mr. Joseph L. Foster argued the cause for plaintiff (Township of Dover, Department of Law).

Mr. John Paul Doyle argued the cause for defendant Board of Adjustment (Messrs. Doyle & Oles, attorneys).

Mr. John F. Russo argued the cause for defendant Villages of '76 (Messrs. Russo & Courtney, attorneys).

HAVEY, J.C.C., Temporarily Assigned.

This action in lieu of prerogative writs was instituted by the Township of Dover against its board of adjustment and Villages of '76, a partnership and a property owner within the township.

Defendant developer applied for and received approval from defendant board of adjustment to construct a "cluster" development project consisting of 162 building lots on a tract consisting of 81.47 acres situated in the "rural" zone of...

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