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PASARO BUILDERS v. PISCATAWAY TP.

184 N.J. Super. 344 (1982)

446 A.2d 187

PASARO BUILDERS, INC., PLAINTIFF-RESPONDENT, v. TOWNSHIP OF PISCATAWAY: HENRY A. ZANETTI, TOWNSHIP ENGINEER AND DIRECTOR OF PUBLIC WORKS; LESTER NEBENZAHL, ADMINISTRATIVE OFFICER, PLANNING, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 18, 1982.

Attorney(s) appearing for the Case

Philip Lewis Paley argued the cause for appellant (Kirsten, Friedman & Cherin, attorneys).

Frank J. Rubin argued the cause for respondent (Rubin, Lerner & Rubin, attorneys; David B. Rubin, on the brief).

Before Judges BOTTER, ANTELL and FURMAN.

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

At issue on this appeal is whether plaintiff's conveyance of one lot out of its more than 20 contiguous lots is exempt from subdivision approval under the definition of "subdivision" in N.J.S.A. 40:55D-7. In granting summary judgment for plaintiff on motion and cross-motion, the judge below held that the exemption applied.

Plaintiff's lots were...

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