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New Jersey Builders Association v. Mayor and Township Committee of Bernards Township

New Jersey Superior Court, Appellate Division


Decided: March 13, 1986.

NEW JERSEY BUILDERS ASSOCIATION, BUILDERS ASSOCIATION OF SOMERSET/MORRIS, AND MILL RACE LIMITED, PLAINTIFFS-RESPONDENTS,
v.
THE MAYOR AND TOWNSHIP COMMITTEE OF BERNARDS TOWNSHIP, SOMERSET COUNTY, DEFENDANTS-APPELLANTS

On appeal from Superior Court, Law Division, Somerset County whose opinion is reported at 211 N.J. Super. 290 (Law Div.1985).

Antell, Shebell and Matthews.

Per Curiam

[219 NJSuper Page 539]

The determination under review is affirmed substantially for the reasons stated by Judge D'Annunzio in his formal written opinion for the Law Division dated February 25, 1985, 211 N.J. Super. 290. We decline to order the judgment under review limited to prospective applicability only since it neither announces a new rule of law nor represents a departure from existing law. See State v. Burstein, 85 N.J. 394, 403 (1981). In our view, plaintiffs have demonstrated a sufficient stake and adverse interest as to entitle them to sue under New Jersey's liberal rules of standing. See Crescent Pk. Tenants Assoc. v. Realty Eq. Corp. of N.Y., 58 N.J. 98, 105-111.

19860313


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