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MANALAPAN HOLDING CO. v. HAMILTON TP. PLAN. BD.

92 N.J. 466 (1983)

457 A.2d 441

MANALAPAN HOLDING CO., INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. PLANNING BOARD OF THE TOWNSHIP OF HAMILTON, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 15, 1983.

Attorney(s) appearing for the Case

William C. Baggitt, III, argued the cause for appellant.

Douglas K. Wolfson argued the cause for respondent (Greenbaum, Greenbaum, Rowe & Smith, attorneys).

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

This case focuses on the automatic approval provisions contained in the Municipal Land Use Law (MLUL) relating to preliminary approval of subdivision plans. The MLUL requires that a municipality act upon an application for preliminary subdivision approval within 95 days or the application will be approved automatically, N.J.S.A. 40:55D-48 c. At the center of this controversy is how this provision of the...

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