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TOWNSHIP OF FRANKLIN v. HOLLANDER

796 A.2d 874 (2002)

172 N.J. 147

TOWNSHIP OF FRANKLIN, a Corporation of the State of New Jersey, Plaintiff-Appellant, v. David den HOLLANDER, Garden State Growers and Quaker Valley Farms, Defendants-Respondents.

Supreme Court of New Jersey.

Decided May 20, 2002.

Attorney(s) appearing for the Case

Eric Martin Bernstein, Warren, argued the cause for appellant (Eric M. Bernstein & Associates, attorneys; Mr. Bernstein and Susan R. Rubright, on the briefs).

Robert P. Merenich, Linwood, argued the cause for respondents (Gemmel, Todd & Merenich, attorneys).

Craig M. Goodstadt argued the cause for amicus curiae Planning Board of the Township of Holmdel (Kirkpatrick & Lockhart, attorneys; John M. Marmora, of counsel).

Eileen P. Kelly, Deputy Attorney General, argued the cause for amicus curiae State Agriculture Development Committee (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel).

Arthur A. McTighe, Trenton, submitted a brief on behalf of amicus curiae New Jersey Farm Bureau (McTighe & McTighe, attorneys).

The opinion of the Court was delivered by ZAZZALI, J.

The Township of Franklin filed a complaint in the Superior Court against defendants, the owners of an ornamental plant production operation, alleging that defendants' operation violated several local land use ordinances. The litigation involves the relationship between commercial farming activities as defined by the Right to Farm Act, N.J.S.A. 4:1C-1 to-10 (Right...

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