RIYA FINNEGAN LLC v. S. BRUNSWICK TP.

A 65 September Term 2007.

962 A.2d 484 (2008)

197 N.J. 184

RIYA FINNEGAN LLC, a New Jersey Limited Liability Company, Plaintiff-Appellant, v. TOWNSHIP COUNCIL OF the TOWNSHIP OF SOUTH BRUNSWICK, Defendant-Respondent, and The South Brunswick Township Planning Board, Defendant.

Supreme Court of New Jersey.

Decided December 22, 2008.


Attorney(s) appearing for the Case

Henry L. Kent-Smith, Princeton, argued the cause for appellant (Buchanan, Ingersoll & Rooney, attorneys; Mr. Kent-Smith and Christine M. Pickel, on the briefs).

Anthony M. Campisano, North Brunswick, argued the cause for respondent (Bucca & Campisano, attorneys).

Edward J. Trawinski, Morristown, argued the cause for amicus curiae New Jersey Planning Officials (Schenck, Price, Smith & King, attorneys; Kurt G. Senesky and Douglas S. Brierley, on the brief).


Justice HOENS delivered the opinion of the Court.

This appeal involves two inter-related zoning questions. First, we consider the standards against which courts may test the sufficiency of the reasons given by a municipality for rezoning a parcel from a previously-designated zone that is consistent with the existing Master Plan to a zone that is not. Second, we consider whether, and under what circumstances, the decision of a municipality to rezone a single parcel...

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