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MANALAPAN BUILDERS v. TP. COMMITTEE

256 N.J. Super. 295 (1992)

606 A.2d 1132

MANALAPAN BUILDERS ALLIANCE, INC., A NEW JERSEY NON-PROFIT CORPORATION, AND NEW JERSEY SHORE BUILDERS ASSOCIATION, A NEW JERSEY NON-PROFIT CORPORATION, PLAINTIFFS-RESPONDENTS, v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MANALAPAN, AND TOWNSHIP OF MANALAPAN, IN THE COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 20, 1992.

Attorney(s) appearing for the Case

Robert F. Munoz argued the cause for appellants (LoMurro, Davison, Eastman & Munoz, attorneys; Robert F. Munoz, of counsel and on the brief).

Steven M. Berlin argued the cause for respondents (Giordano, Halleran & Ciesla, attorneys; Steven M. Berlin, of counsel; Guy P. Ryan, on the brief).

Before Judges KING, DREIER and GRUCCIO.

The opinion of the Court was delivered by KING, P.J.A.D.

The Township Committee and Township of Manalapan appeal from a judgment holding an Ordinance in the Land Use and Development Code of Manalapan Township (Code) invalid and ultra vires. This Ordinance excluded land with certain critical terrain features from lot and floor area calculations.

This case presents a novel issue on the appellate level, that is, whether a municipality may require the elimination...

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