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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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