KODE HARBOR DEV. ASSOC. v. ATLANTIC


230 N.J. Super. 430 (1989)

553 A.2d 858

KODE HARBOR DEVELOPMENT ASSOCIATES, A PARTNERSHIP, PLAINTIFF-RESPONDENT, v. COUNTY OF ATLANTIC, NEW JERSEY, THE DEPARTMENT OF REGIONAL PLANNING AND DEVELOPMENT, THE DIVISION OF PLANNING, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 6, 1989.


Attorney(s) appearing for the Case

Michael Winkelstein, Atlantic County Counsel, argued the cause for appellants (Michael Winkelstein, attorney; Michael Winkelstein and Terry J. Dailey, Assistant County Counsel, on the brief).

Barbara Sardella argued the cause for respondents (Dilworth, Paxson, Kalish & Kauffman, attorneys; Barbara Sardella and Nelson C. Johnson on the brief).

Before Judges DEIGHAN, BAIME and D'ANNUNZIO.


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

This appeal presents difficult questions of statutory construction relating to various sections of the County Planning Act (N.J.S.A. 40:27-1 et seq.). N.J.S.A. 40:27-6.6 empowers a county planning board to review a site plan where the property to be developed is located "along [a] county road[]." The same statute confers jurisdiction on a county planning board to review a site plan where...

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