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D.L. REAL ESTATE HOLDINGS, L.L.C. v. PLANNING BOARD

820 A.2d 1220 (2003)

176 N.J. 125

D.L. REAL ESTATE HOLDINGS, L.L.C., a Limited Liability Company of the State of New Jersey, Plaintiff-Respondent, v. POINT PLEASANT BEACH PLANNING BOARD and the Borough of Point Pleasant Beach, a municipal corporation of the State of New Jersey, Defendants-Appellants.

Supreme Court of New Jersey.

Decided April 28, 2003.

Attorney(s) appearing for the Case

John J. Jackson, III argued the cause for appellant Point Pleasant Beach Planning Board (King, Kitrick, Jackson & Troncone, Brick, attorneys).

Michael J. McKenna argued the cause for appellant Borough of Point Pleasant Beach (Hiering, Gannon and McKenna, Toms River, attorneys).

Steven A. Pardes argued the cause for respondent (Sinn, Fitzsimmons, Cantoli, West & Pardes, attorneys; Dennis J. Cantoli, Point Pleasant Beach, on the letter in lieu of brief).

Stephen M. Eisdorfer submitted a brief on behalf of amicus curiae, New Jersey Builders Association (Hill Wallack, attorneys; Mr. Eisdorfer and Henry T. Chou, Princeton, on the brief).

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

This appeal involves interpretation of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -129. The question is whether the MLUL authorizes a municipality to adopt a zoning ordinance that requires an applicant to seek final subdivision approval within three years of the grant of preliminary approval and any extension thereof. We conclude that adoption of such an ordinance is a valid exercise of municipal...

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