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Oakwood at Madison Corp. v. Mayor & Council of Madison Township

Citation: 2 ELR 20668
No. Nos. L-17781-69 P.W., -17149-69 P.W., (N.J. Super. Ct., 06/03/1970)

A town may restrict large scale developments until it has a master plan developed for orderly growth and development. During the period that such large-scale developments are restricted, a land developer may not circumvent the development ordinance by selling individual lots and claiming that the purchasers of those lots were entitled to an exemption in the ordinance permitting single unit residential construction. The court may look through the scheme as a whole and see that it amounts to an artifice to avoid the ordinance. Moratorium ordinances halting development while master planning goes on are valid, and, given the complexity of comprehensive zoning, such moratoria may be in effect for extended periods of time. [For opinion affirming this ruling, see 2 ELR 20670; for a related case, see 2 ELR 20670]

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

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

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