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BAILES v. TP. OF EAST BRUNSWICK

882 A.2d 395 (2005)

380 N.J. Super. 336

Joseph BAILES, Anthony Bailes, Jane Bailes, Gerard Noebels, Elizabeth Noebels, John Bocra, Herb Heim, Barbara A. Foerter, Plaintiffs-Appellants, and Erna Diem and Mabel Sigle, Plaintiffs, v. TOWNSHIP OF EAST BRUNSWICK, Defendant-Respondent, and The Planning Board of the Township of East Brunswick, Defendant. Iaria Family Trust, L.L.C., Olga Clark, Roman Clark, Jr., William Clark, Katherine Himich and Middlesex County Fair Association, Plaintiffs-Appellants, v. Township of East Brunswick, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided September 22, 2005.

Attorney(s) appearing for the Case

David J. Frizell, Metuchen, argued the cause for appellants (Frizell & Samuels, attorneys; Mr. Frizell, on the brief).

Gage Andretta, West Orange, argued the cause for respondent (Wolff & Samson, attorneys; Mr. Andretta and Maria K. Anastasia, on the brief).

Before Judges SKILLMAN, GRALL and RIVA.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

Plaintiffs, owners of properties in the Township of East Brunswick, challenge the validity of zoning ordinances that downzoned the permitted densities in the district in which their properties are located from one unit per acre or per two acres to one unit per six acres, with cluster options ranging from one unit per three acres to one unit per three-and-a-half acres. We conclude that these ordinances...

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