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TOLL BROS., INC. v. BD. OF CHOSEN FREEHOLDERS, CTY. OF BURLINGTON

944 A.2d 1 (2008)

194 N.J. 223

TOLL BROS., INC. and Laurel Creek, L.P., Plaintiffs-Appellants, v. BOARD OF CHOSEN FREEHOLDERS OF the COUNTY OF BURLINGTON and The Planning Board of the County of Burlington, Defendants-Respondents.

Supreme Court of New Jersey.

Decided March 31, 2008.

Attorney(s) appearing for the Case

Carl S. Bisgaier argued the cause for appellants (Flaster/Greenberg, attorneys; Mr. Bisgaier and Richard J. Hoff, Jr., Cherry Hill, on the briefs).

Anthony T. Drollas, Jr., Trenton, argued the cause for respondents (Capehart Scatchard, attorneys).

Justice LONG delivered the opinion of the Court.

In enacting the Municipal Land Use Law (MLUL), the Legislature set forth, in detail, the procedural and substantive standards it intended to guide municipalities in the exercise of the delegated zoning power over the use and development of land. Among the questions presented on this appeal are the following: (1) whether, by way of a developer's agreement, a developer can contract to pay more than its pro-rata share...

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