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Arborwood I, II and III Condominium Associates, Inc. v. Borough of Lindenwold

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


October 17, 2007

ARBORWOOD I, II, III CONDOMINIUM ASSOCIATIONS, INC., AND COLONIAL PINES LINDENWOLD ASSOCIATES, PLAINTIFFS-APPELLANTS, AND TRENT COURT, PLAINTIFF,
v.
BOROUGH OF LINDENWOLD, BOROUGH OF LINDENWOLD PLANNING BOARD, AND THE MAYOR AND COUNCIL OF THE BOROUGH OF LINDENWOLD, DEFENDANTS-RESPONDENTS.

On appeal from the Superior Court of New Jersey, Law Division, Camden County, Docket No. L-3492-04.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued October 1, 2007

Before Judges Stern, A. A. Rodríguez and Collester.

The matter is remanded for reconsideration in light of Gallenthin v. Borough of Paulsboro, 191 N.J. 344 (2007).*fn1 Specifically, the Law Division shall determine whether and the extent, if any, to which Gallenthin applies to the findings under N.J.S.A. 40A:12-5 in this case, and in light of N.J.S.A. 40A:12A-6(b)(5) and (7) and -6(c), to the determination that there was "substantial evidence" to support the finding of "an area in need of redevelopment." The remand proceedings shall be completed on or before November 30, 2007, after which any party may file a new or amended notice of appeal. The appellant(s) shall order the transcript of remand proceedings, and any supplementary briefs shall be served and filed within twenty-one days of the delivery of the transcript. We retain jurisdiction.


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