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MESSER v. BURLINGTON TP.

172 N.J. Super. 479 (1980)

412 A.2d 1059

ROBERT S. MESSER, PLAINTIFF, v. TOWNSHIP OF BURLINGTON, TOWNSHIP COUNCIL OF BURLINGTON TOWNSHIP AND ZONING BOARD OF ADJUSTMENT OF TOWNSHIP OF BURLINGTON, DEFENDANTS.

Superior Court of New Jersey, Law Division — Burlington County.

Decided January 28, 1980.

Attorney(s) appearing for the Case

Frederick W. Hardt for defendants Township of Burlington and Township Council of Burlington (Sever, Hardt & Main, attorneys).

John E. Harrington for plaintiff (Hartman, Schlesinger, Schlosser & Faxon, attorneys).

Ernest A. Ferri for defendant Zoning Board of Adjustment of the Township of Burlington (Ferri & Heath, attorneys).

HAINES, J.S.C.

Plaintiff is partial owner of 92.5 acres of land in Burlington Township, Burlington County, New Jersey which he proposes to develop. Eighty-five and one-half acres of his land were zoned to permit single-family detached dwellings on 20,000 to 40,000 square foot lots. Plaintiff prefers to build single-family houses on smaller lots and townhouses on this part of his property. The remaining seven acres are zoned and planned by plaintiff for commercial...

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