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BARNEGAT TP. v. DCA OF NEW JERSEY, INC.

181 N.J. Super. 394 (1981)

437 A.2d 909

TOWNSHIP OF BARNEGAT, A MUNICIPAL CORPORATION OF THE STATE OF N.J., PLAINTIFF-APPELLANT, v. DCA OF NEW JERSEY, INC., INTERNATIONAL FIDELITY INSURANCE COMPANY AND SAFECO INSURANCE COMPANY OF AMERICA, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 26, 1981.

Attorney(s) appearing for the Case

William T. Hiering, Jr., argued the cause for appellant (Hiering, Gilmore & Monahan, attorneys).

Christopher J. Hanlon argued the cause for respondent (Giordano, Halleran & Crahay, attorneys; Martin J. Arbus on the brief).

Before Judges ALLCORN, FRANCIS and MORTON I. GREENBERG.

The opinion of the court was delivered by MORTON I. GREENBERG, J.A.D.

This appeal arises as a result of application of certain procedures provided under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. While there are sharply disputed issues of fact between the parties, the basic structure of their dispute is quite clear.

Defendant DCA of New Jersey, Inc. (hereinafter "DCA") tendered two bonds to plaintiff to guarantee that DCA would construct...

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