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BONNER PROPERTIES, INC. v. FRANKLIN TP. PLAN BD.

185 N.J. Super. 553 (1982)

449 A.2d 1350

BONNER PROPERTIES, INC., A DELAWARE CORPORATION AND QUAIL BROOK, INC., A NEW JERSEY CORPORATION, PLAINTIFFS, v. PLANNING BOARD OF THE TOWNSHIP OF FRANKLIN, SOMERSET COUNTY, NEW JERSEY, THE MAYOR AND COUNCIL OF THE TOWNSHIP OF FRANKLIN, AND THE TOWNSHIP OF FRANKLIN, A MUNICIPAL CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division Somerset County.

Decided June 11, 1982.

Attorney(s) appearing for the Case

Frederic K. Becker for plaintiffs (Wilentz, Goldman & Spitzer, attorneys; Lawrence J. Freundlich on the brief).

Dennis Alan Auciello for the Planning Board of the Township of Franklin.

Stanley Cutler for the Mayor and Council of the Township of Franklin, and the Township of Franklin.

MEREDITH, J.S.C.

This complaint in lieu of prerogative writs centers on the question of whether a municipality, after approving a developer's plans for a condominium project, may deny him permission to amend those plans so that ownership of the common elements in the project would be severed from ownership of its individual units and so that unit ownership would include ownership of the plot of land upon which the...

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