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OCEANPORT HOLDING, L.L.C. v. OCEANPORT

935 A.2d 850 (2007)

396 N.J. Super. 622

OCEANPORT HOLDING, L.L.C., Plaintiff-Appellant, v. BOROUGH OF OCEANPORT and Planning Board of the Borough of Oceanport, Defendants-Respondents, and Zoning Board of the Borough of Oceanport, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided December 7, 2007.

Attorney(s) appearing for the Case

Carl S. Bisgaier, Cherry Hill, argued the cause for appellant (Flaster Greenberg, attorneys; Mr. Bisgaier and David R. Oberlander, on the brief).

Jeffrey R. Surenian, Atlantic City, argued the cause for respondents (Jeffrey R. Surenian and Associates, attorneys; Mr. Surenian, of counsel and on the brief; Michael A. Jedziniak, on the brief).

A brief was submitted on behalf of amicus curiae Fair Share Housing Center (Kevin D. Walsh, on the brief).

Before Judges SKILLMAN, YANNOTTI and LeWINN.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether a Mount Laurel action brought by a developer is subject to dismissal if the defendant-municipality can establish that the developer did not attempt in good faith to obtain relief without litigation. We conclude that a developer's obligation to seek relief from the zoning applicable to its property without...

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