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Johnson v. Ocean City Planning Board

November 3, 2010

DONALD W. JOHNSON AND SAMUEL JOHNSON, JR., PLAINTIFFS-RESPONDENTS,
v.
OCEAN CITY PLANNING BOARD, DEFENDANT-APPELLANT.
O.C. ELITE HOMES, PLAINTIFF-RESPONDENT,
v.
OCEAN CITY PLANNING BOARD, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Cape May County, Docket Nos. L-705-06, L-708-06, L-709-06 and L-72-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued via Telephone Conference January 7, 2008

Decided January 25, 2008

Remanded by Supreme Court -- July 23, 2008

Resubmitted October 12, 2010

Before Judges A. A. Rodríguez and C. S. Fisher.

This matter is now before us on a summary remand from the Supreme Court. See Johnson v. Ocean City Planning Bd., 196 N.J. 342 (2008). The Court granted certification and directed that we reconsider the decision "in light of Amerada Hess Corp. v. Burlington Cnty. Planning Bd., 195 N.J. 616 (2008)." Ibid.

Upon reconsideration, we depart from our initial decision.

Thus, we affirm the Law Division's judgment and remand to the Ocean City Planning Board (Board) to issue certificates of default approval. We do not retain jurisdiction.

The issues and the factual and procedural background are set out in our previous decision, and need not be restated here.

We provide the following procedural facts in order to provide a context.

In A-5505-06T2, Donald W. Johnson and Samuel Johnson (the Johnsons) sought to construct a three-story mixed-use building.

They submitted an application to the Board for certain land use approvals. At the time of the application, the proposed development complied with all zoning ...


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