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LEVIN v. TOWNSHIP OF PARSIPPANY-TROY HILLS

82 N.J. 174 (1980)

411 A.2d 704

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.

The Supreme Court of New Jersey.

Decided February 21, 1980.

Attorney(s) appearing for the Case

Robert S. Greenbaum argued the cause for appellants Janice H. Levin, etc., et al. (Greenbaum, Greenbaum, Rowe & Smith, attorneys; Robert S. Greenbaum, Charles Applebaum and Douglas K. Wolfson on the brief).

Martin G. Gilbert argued the cause for appellants Estate Associates, et al. (Krugman, Chapnick & Grimshaw, attorneys).

Bertram J. Latzer argued the cause for respondents Township of Parsippany-Troy Hills, et al. (Pendleton & Latzer, attorneys; Barbara A. Morgan on the brief).

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

The question in this case is whether a municipality, in adopting a new zoning ordinance in furtherance of the purposes of Chapter 291, P.L. 1975 (the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.) (the Law) can make a substantial change in its preexisting zoning plan free from the protest provisions contained in the same law. N.J.S.A. 40...

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