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WHISPERING WOODS v. MIDDLETON TP.

220 N.J. Super. 161 (1987)

531 A.2d 770

WHISPERING WOODS AT BAMM HOLLOW, INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND HARRY KANTOR, FRANK DIMISA AND VICTOR LOSQUADRO, PLAINTIFFS, v. TOWNSHIP OF MIDDLETOWN PLANNING BOARD, AND JUDITH STANLEY, DEFENDANTS, AND SUNNYSIDE OPEN SPACES, ET AL., DEFENDANTS-INTERVENORS.

Superior Court of New Jersey, Law Division Monmouth County.

Decided June 3, 1987.

Attorney(s) appearing for the Case

Steven J. Tripp, for plaintiffs (Wilentz, Goldman and Spitzer, attorneys)

Leslie Vincent, for the defendant Planning Board (Jerry J. Massell, attorney)

Stanley Yacker, for defendants-intervenors.

McGANN, J.S.C.

This matter came before the Court on plaintiffs motion for summary judgment dismissing the Counterclaim and Crossclaim of the defendants-intervenors and a cross-motion for summary judgment in favor of defendants-intervenors seeking a declaration that a "settlement" entered into between the plaintiff developer and the Planning Board in this litigation is void and of no legal effect. The facts on which both parties argue are not in dispute. They have...

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