Summary
applying such deference in reviewing a similar measure arising out of an ambiguity in the Master Plan concerning a specific property
Summary of this case from McFadden v. Delanco Twp. Joint Land Use Bd.Opinion
Docket No. A-7229-97T2.
Submitted January 25, 2000.
Decided February 10, 2000.
On appeal from Superior Court of New Jersey, Law Division, Bergen County, whose opinion is reported at 328 N.J. Super. 432746 A.2d 73 (Law Div. 2000).
Before Judges PRESSLER, LANDAU and CIANCIA.
Segreto Segreto, attorneys for appellants (James V. Segreto, of counsel and on the brief).
Rupp Ten Hoeve, attorneys for respondent Borough of Maywood (William F. Rupp, on the brief).
DeCotiis, FitzPatrick Gluck, attorneys for respondent Commerce Bank (James A. Farber, on the brief).
Plaintiffs Dennis Witt and Lynn Witt, individually and as members of Maywood Property Owners Association appeal from paragraphs one and two of a final judgment dated June 30, 1998 that dismissed with prejudice the consolidated complaints in Witt v. Borough of Maywood, Docket No. L-7444-96 and Witt v. Borough of Maywood, Docket No. L-2481-97. The dismissed complaints challenged the validity of a re-zoning ordinance and an exchange of easement ordinance adopted by the Borough.
Upon review of the arguments raised on appeal, we affirm, substantially for the reasons set forth by Judge Jonathan Harris in his comprehensive opinion reported at 328 N.J. Super. 432746 A.2d 73 (Law Div. 2000).