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TOLL BROS., INC. v. TP. OF WEST WINDSOR

918 A.2d 595 (2007)

190 N.J. 61

TOLL BROTHERS, INC., a Delaware Corporation, Plaintiff, v. TOWNSHIP OF WEST WINDSOR, a Municipal Corporation of the State of New Jersey, located in Mercer County, Mayor and Council of the Township of West Windsor, and The Planning Board of the Township of West Windsor, Defendants-Respondents. Affordable Living Corporation, Inc., a New Jersey Corporation, Plaintiff, and Maneely, Inc., Intervenor, and Dr. and Mrs. Charles Akselrad, Intervenors-Appellants, v. West Windsor Township, a Municipal Corporation of the State of New Jersey, located in Mercer County, New Jersey, Defendant-Respondent.

Supreme Court of New Jersey.

Decided April 3, 2007.

Attorney(s) appearing for the Case

Paul A. Sandars, III, Roseland, argued the cause for intervenors-appellants (Lum, Danzis, Drasco & Positan, attorneys; Mr. Sandars and Kevin J. O'Connor, on the briefs).

Karen L. Cayci and Gerald J. Muller, Princeton, argued the cause for respondents (Herbert, Van Ness, Cayci & Goodell, attorneys for Township of West Windsor and Mayor and Council of the Township of West Windsor and Miller, Porter & Muller, attorneys for The Planning Board of the Township of West Windsor).

Justice LaVECCHIA delivered the opinion of the Court.

This appeal involves a post-settlement application filed by Dr. and Mrs. Charles Akselrad seeking sanctions pursuant to the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1. Rule 1:4-8 governs the procedures applicable to an award of frivolous litigation counsel fees and costs. In this case, because the sanction application was filed against a party rather than an attorney, subsection (f) of that...

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