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BOROUGH OF LEONIA PLAN. BD. v. LEONIA BOR. COUNCIL

222 N.J. Super. 207 (1987)

536 A.2d 327

PLANNING BOARD OF THE BOROUGH OF LEONIA, PLAINTIFF, v. BOROUGH COUNCIL OF THE BOROUGH OF LEONIA, DEFENDANT.

Superior Court of New Jersey, Law Division Bergen County.

Decided September 30, 1987.

Attorney(s) appearing for the Case

Robert T. Regan for plaintiff (McGuire & Regan, attorneys).

Keith L. Flicker for defendant (Quinn, Coti & Flicker, attorneys).

STARK, J.S.C.

The within facts raise the previously unaddressed question of whether the Municipal Land Use Law (MLUL) permits a municipal planning board to select an engineer of its choice notwithstanding governing body directives that the board utilize the municipal engineer's services.

The record reflects the following uncontroverted material facts. On January 1, 1987 defendant Leonia Borough Council (hereinafter council) voted to discontinue the services...

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