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LIONSHEAD WOODS CORP. v. KAPLAN BROS.

243 N.J. Super. 678 (1990)

581 A.2d 137

LIONSHEAD WOODS CORPORATION, A NEW JERSEY CORPORATION, PLAINTIFF, v. KAPLAN BROTHERS (KAPLAN BROS.), KAPLAN AND SONS CONSTRUCTION CORP., KAPLAN AT LAKEWOOD, INC. TRADING AS FOUR SEASONS, AND TOWNSHIP OF LAKEWOOD, A MUNICIPAL CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division Ocean County.

Decided July 6, 1990.

Attorney(s) appearing for the Case

William J. O'Hagan for plaintiff (Stout & O'Hagan, attorneys).

Steven I. Pfeffer for defendants Kaplan Brothers (Kaplan Bros.) Kaplan and Sons Construction Corp. and Kaplan at Lakewood, Inc. trading as Four Seasons (Levin, Shea & Pfeffer, attorneys).

Norman D. Smith for defendant Township of Lakewood.

SERPENTELLI, A.J.S.C.

This opinion addresses in limine several novel issues created by plaintiff's challenge to the validity of portions of Lakewood's zoning ordinance and the township's admitted failure to comply with N.J.S.A. 40:55D-89, which requires a periodic reexamination of its master plan and development regulations. That statute provides, in part:

The governing body shall, at least every six years, provide for a general reexamination...

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