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AMERICAN DREAM v. PLANNING BD.

No. A-107 September Term 2010, 067617.

35 A.3d 1198 (2012)

209 N.J. 161

AMERICAN DREAM AT MARLBORO, L.L.C., Plaintiff-Respondent, v. The PLANNING BOARD OF the TOWNSHIP OF MARLBORO; The Mayor and Township Council of the Township of Marlboro, Defendants, and Patricia Cleary, Defendant/Intervenor-Appellant, and Albert W. Rudel; Joanne Liu Rudel; Imrich Verdon; Danuta Verdun; Victor Wahba; Laura Wahba; R. Duraipandiyan; L. Appukuttan; Morris Kaplan; Clifford Sneyers; Leslie Sneyers; Lilly T. Chao; Michael G. Myers; Michelle A. Myers; Robert G. Oberosler; Patricia P. Oberosler; Kwaku Boamah; Esther Boamah; John D. Berardi; Ronald Rossetti; D. Jorgensen; Denis Coleman; Marguerite Ross; Joseph Stefano and Nicole Stefano, Defendants.

Supreme Court of New Jersey.

Decided February 16, 2012.

Attorney(s) appearing for the Case

Thomas J. Trautner, Jr., argued the cause for appellant (Wolff & Samson, attorneys; Mr. Trautner and Arthur S. Goldstein, West Orange, on the brief).

Ronald S. Blumstein, Highland Park, argued the cause for respondent (Kaplan Companies, attorneys).

PER CURIAM.

This matter arises in the context of a dispute about a deed restriction that a planning board imposed on a developer. Although the deed restriction was an express condition of the Planning Board's subdivision approval, the developer did not thereafter record it, but instead sought new approvals that would effectively eliminate it.

In the proceedings that followed, both the appropriate mechanism and the quantum of proofs needed for removal of a...

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