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MILL RACE, LTD. v. MAYOR & TP. COMMITTEE

230 N.J. Super. 160 (1989)

553 A.2d 44

MILL RACE, LTD., A NEW JERSEY PARTNERSHIP, PLAINTIFF-APPELLANT, v. MAYOR & TOWNSHIP COMMITTEE OF BERNARDS TOWNSHIP, BERNARDS TOWNSHIP PLANNING BOARD, AND COUNTRY PLACE ASSOCIATES, A NEW JERSEY PARTNERSHIP, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 27, 1989.

Attorney(s) appearing for the Case

Roy E. Kurnos argued the cause for appellant (Murphy, Kurnos, Nish & Jabbour, attorneys; Raymond S. Papperman, on the brief).

Howard P. Shaw argued the cause for respondent Mayor & Township Committee of Bernards Township (Schenck, Price, Smith & King, attorneys; Howard P. Shaw and Anthony F. Della Pelle, on the brief).

Arthur H. Garvin, III argued the cause for respondent Bernards Township Planning Board (Kerby, Cooper, English, Schaul & Garvin, attorneys; Arthur H. Garvin, on the brief).

Before Judges DREIER, HAVEY and BROCHIN.

The opinion of the court was delivered by DREIER, J.A.D.

Plaintiff, Mill Race, Ltd., appeals from the dismissal of its Law Division complaint on the basis that its claim was barred by the entire controversy doctrine.

For an understanding of this matter we must of necessity review the earlier suit urged here as a bar, N.J. Bldrs. Ass'n v. Bernards Tp., 211 N.J.Super. 290 (Law Div. 1985), aff'd

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