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NORTHGATE CONDO. v. PLANNING BD.

A-5 September Term 2011, 067794

68 A.3d 292 (2013)

214 N.J. 120

NORTHGATE CONDOMINIUM ASSOCIATION, INC., Plaintiff-Appellant, v. BOROUGH OF HILLSDALE PLANNING BOARD, Caliber Builders, Inc., Golden Orchards Associates, L.P. and Golden Oaks Homeowners Association, Defendants-Respondents.

Supreme Court of New Jersey.

Decided May 13, 2013.

Attorney(s) appearing for the Case

Ira E. Weiner argued the cause for appellant ( Beattie Padovano , Montvale, attorneys; Mr. Weiner and John J. Lamb , Montvale, of counsel; Mr. Weiner , Mr. Lamb and Daniel L. Steinhagen , Montvale, on the briefs).

Russell R. Huntington , Westwood, argued the cause for respondents Caliber Builders, Inc., Golden Orchards Associates, L.P., and Golden Oaks Homeowners Association, Inc. ( Huntington Bailey , attorneys; Mr. Huntington and Siobhan C. Spillane-Bailey , on the brief).

Harold Ritvo , Hackensack, argued the cause for respondent Hillsdale Planning Board.

Justice HOEINS delivered the opinion of the Court.

Defendant Caliber Builders, Inc., sought to develop a parcel of land, most of which was situated in the Borough of Hillsdale, and which was owned by defendant Golden Orchards Association, L.P. Desirous of constructing an age-restricted housing development, which was a conditional use in the zone, Caliber submitted a preliminary site plan application to defendant Hillsdale Planning Board. Plaintiff Northgate Condominium...

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