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EASTERN PLANNED COMMUNITIES v. MIDDLETOWN

235 N.J. Super. 467 (1989)

563 A.2d 81

EASTERN PLANNED COMMUNITIES AT LINCROFT, INC. v. MIDDLETOWN TOWNSHIP.

Superior Court of New Jersey, Law Division Monmouth County.

Decided February 14, 1989.

Attorney(s) appearing for the Case

Gerald A. Marks, for plaintiff.

Bernard M. Reilly, for defendant.

PESKOE, J.S.C.

Plaintiff has moved for summary judgment seeking a court order that defendant release performance bonds in the total amount of $915,281. Defendant opposes summary judgment on the ground that the improvements and obligations secured by the bonds have not fully been performed since plaintiff developer has failed to form a homeowner's association as required by the planning board resolution granting approval...

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