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TOLL BROS. v. TOWNSHIP OF GREENWICH

244 N.J. Super. 514 (1990)

582 A.2d 1276

TOLL BROS., INC., PLAINTIFF-RESPONDENT, v. THE TOWNSHIP OF GREENWICH, IN THE COUNTY OF WARREN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THE MAYOR AND THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF GREENWICH AND THE PLANNING BOARD OF THE TOWNSHIP OF GREENWICH, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 29, 1990.

Attorney(s) appearing for the Case

Edward J. Boccher argued the cause for appellants, Township of Greenwich and the Mayor and the Township Committee of the Township of Greenwich (Mudge, Rose, Guthrie, Alexander & Ferdon, attorneys, Michael J. Perrucci, of counsel and Matthew P. Regulski, on the brief).

Lyn Paul Aaroe argued the cause for appellant, Planning Board of the Township of Greenwich.

Thomas F. Carroll, III, argued the cause for respondent (Hill, Wallack & Masanoff, attorneys, Thomas F. Carroll and Melanie A. Hudak, on the brief).

Before Judges GAULKIN, SHEBELL and SKILLMAN.

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

The issue presented by this appeal is whether the Municipal Land Use Law authorizes a municipality to adopt an ordinance which requires a developer to install site improvements before its application for final subdivision approval will be considered.

Plaintiff Toll Bros., Inc. contracted to purchase approximately 100 acres of land in Greenwich Township...

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