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LEVIN v. TOWNSHIP OF PARSIPPANY-TROY HILLS

164 N.J. Super. 409 (1978)

396 A.2d 1144

JANICE H. LEVIN, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF PHILIP J. LEVIN, AND BENJAMIN NADEL, EXECUTOR OF THE ESTATE OF PHILIP J. LEVIN, AND TKUD ASSOCIATES NO. 2, a PARTNERSHIP, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF PARSIPPANY-TROY HILLS, TOWNSHIP COUNCIL OF THE TOWNSHIP OF PARSIPPANY-TROY HILLS AND PLANNING BOARD OF THE TOWNSHIP OF PARSIPPANY-TROY HILLS, DEFENDANTS-RESPONDENTS. ESTATE ASSOCIATES AND JOAN KONNER, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF PARSIPPANY-TROY HILLS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 20, 1978.

Attorney(s) appearing for the Case

Mr. Robert S. Greenbaum argued the cause for appellants Janice H. Levin, Benjamin Nadel and Tkud Associates No. 2 (Messrs. Greenbaum, Greenbaum, Rowe & Smith, attorneys; Mr. Joel Ackerman on the brief).

Mr. Bertram J. Latzer argued the cause for respondents Township of Parsippany-Troy Hills and Township Council of Parsippany-Troy Hills (Messrs. Pendleton and Latzer, attorneys; Ms. Barbara A. Morgen on the brief).

Mr. Martin G. Gilbert argued the cause for appellants Estate Association and Joan Konner (Messrs. Krugman, Chapnick & Grimshaw, attorneys).

Before Judges HALPERN, ARD and ANTELL.

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

Plaintiffs sued to invalidate portions of the Parsippany-Troy Hills (hereinafter "township") zoning ordinance adopted September 14, 1977 which changed the zoning classification of their lands. Under the prior ordinance, which was enacted September 18, 1945, amended in 1968 and made part of the township's codified ordinances in 1972, plaintiffs' district had been zoned "Regional Cultural and Commercial Center...

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