Gallo v. Mayor and Township Council of Lawrence Township

744 A.2d 1219 (2000)

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Gallo v. Mayor and Township Council of Lawrence Township

New Jersey Superior Court, Appellate Division
744 A.2d 1219 (2000)

RW

Facts

New Jersey required municipalities to adopt, and periodically review, master (or comprehensive) zoning plans. The Lawrence Township planning board submitted a proposed master plan for adoption by the township council (defendant). The plan proposed eliminating old zone R-1.5, which permitted relatively small residential lots, and replacing it with a larger-lot zone R-2. During the proposed plan’s public-review phase, a developer proposed modifying zone R-2 by adding subzone R-2A, which would apply to the developer’s new subdivision and permit the subdivision to retain old zone R-1.5’s denser housing scheme. In accordance with all applicable laws and procedures, the council adopted the proposed plan, including subzone R-2A, as the township’s new land-use ordinance (LUO). Despite the LUO’s facial validity, a group of landowners (plaintiffs) sued the council and the township’s mayor (defendant) to overturn the LUO as invalid on the grounds that the council had spot-zoned subzone R-2A for the developer’s benefit. The trial-level superior court entered summary judgment for the mayor and council, and the landowners appealed to the superior court’s appellate division.

Rule of Law

Issue

Holding and Reasoning (Carchman, J.)

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