181 Inc. v. Salem County Planning Board

133 N.J. Super. 350, 336 A.2d 501 (1975)

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181 Inc. v. Salem County Planning Board

New Jersey Superior Court, Law Division
133 N.J. Super. 350, 336 A.2d 501 (1975)

  • Written by Tanya Munson, JD

Facts

181 Inc. (181) (plaintiff) owned a tract of land in Salem County (the county) that abutted Elm Street. In 1971, 181 applied to the Salem County Planning Board (the board) for site-plan approval. The site-plan review committee recommended that the application be approved if, among other things, 181 allowed a dedication of its border on Elm Street to be used to widen the street. The county’s site-plan review resolution (the resolution) required that the planning board condition the approval of a site plan on the requirement that an additional right of way is dedicated. 181 objected to mandatory right-of-way dedication as a condition precedent to approval of a site plan.

Rule of Law

Issue

Holding and Reasoning (Miller, J.)

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