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N.J. BLDRS. ASS'N v. BERNARDS TP.

108 N.J. 223 (1987)

528 A.2d 555

NEW JERSEY BUILDERS ASSOCIATION, A CORPORATION NOT FOR PROFIT OF THE STATE OF NEW JERSEY, BUILDERS ASSOCIATION OF SOMERSET AND MORRIS, A CORPORATION NOT FOR PROFIT OF THE STATE OF NEW JERSEY, AND MILL RACE LIMITED, A PARTNERSHIP, PLAINTIFFS-RESPONDENTS, v. THE MAYOR AND TOWNSHIP COMMITTEE OF BERNARDS TOWNSHIP, SOMERSET COUNTY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 8, 1987.

Attorney(s) appearing for the Case

Howard P. Shaw argued the cause for appellant (Schenck, Price, Smith & King, attorneys).

Stewart M. Hutt argued the cause for respondents New Jersey Builders Association, etc., and Builders Association of Somerset and Morris, etc. (Hutt, Berkow & Jankowski, attorneys).

Roy E. Kurnos argued the cause for respondent Mill Race Limited, etc. (Murphy, Kurnos & Nish, attorneys).

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

The narrow issue that we address in this appeal is whether Bernards Township's Ordinance 672 is a valid exercise of the authority conferred upon municipalities by the Municipal Land Use Law (MLUL), specifically N.J.S.A. 40:55D-42. We hold that that portion of the ordinance that requires new developers to pay their pro-rata share of the Township's long term, twenty-million dollar road improvement plan exceeds...

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