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CRANMER v. TOWNSHIP OF EVESHAM

162 N.J. Super. 204 (1978)

392 A.2d 630

JAY G. CRANMER, A GENERAL PARTNER OF LINCOLN PROPERTY COMPANY, NO. 141, PLAINTIFF, v. TOWNSHIP OF EVESHAM, A MUNICIPAL CORPORATION; ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF EVESHAM; AND PLANNING BOARD OF THE TOWNSHIP OF EVESHAM, DEFENDANTS.

Superior Court of New Jersey, Chancery Division, Burlington County.

Decided August 11, 1978.

Attorney(s) appearing for the Case

Mr. Richard E. Gehret for plaintiff (Messrs. Parker, McCay & Criscuolo, attorneys).

Mr. Peter R. Thorndike for defendant Zoning Board of Adjustment of the Township of Evesham (Messrs. Wallace, Mariano, Thorndike & Brennan, attorneys).

Mr. Bennett Earl Bozarth for defendant Evesham Planning Board.

Mr. William Ruggierio for defendant Township of Evesham.

HAINES, J.S.C.

Plaintiff has obtained final approval to construct a planned unit development, consisting of 276 apartment units, on 23 acres of land in Evesham Township. A site plan application is pending before the planning board. The township ordinance, apparently pursuant to N.J.S.A. 40:55D-65(b), has established minimum area requirements for dwelling units, namely, 750 sq. ft. for one bedroom units and 1,500 sq. ft. for two bedroom units. The developer...

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