ELR Citation: ELR 20670
No(s). s. A-2327-69, -2106-69 (N.J. Super. Ct. App. Div. Mar 9, 1971)

Madison Township enacted an orinance forbidding approvals of any subdivision plans until zoning ordinances were revised in accordance with a comprehensive plan. A later, clarifying ordinance permitted "present owners of land . . . to build residences on their property for their own occupancy." The plaintiffs, owners of land that they proposed to subdivide into lots upon which buyers could construct their own homes, sought to compel classification of their property as a major subdivision. The court held that the court below was correct in denying the plaintiffs' motion for partial summary judgment. [For the opinion below, see 2 ELR 20668; for a related case, see 2 ELR 20670]

Counsel for Plaintiffs
Stanley L. Benn
Wilentz, Goldman & Spitzer
252 Madison Avenue
Perth Amboy, NJ 08862

Arthur W. Burgess
Toolan, Romond & Burgess
214 Smith Street
Perth Amboy, NJ 08862

Counsel for Defendants
Richard F. Plechner
351 Main Street
Metuchen, NJ 08840