04-08-09 Rocky Hill Citizens for Responsible Growth v. Planning
Bd. of the Borough of Rocky Hill
A-1595-07T1
A citizens group challenged an ordinance that created
standards for residential construction within a historic
preservation district. A developer complying with the standards
was "deemed to comply" with the district's development
ordinance.
On appeal, we held that the motion judge did not abuse her
discretion in denying an enlargement of time under Rule 4:69-
6(c), to challenge the ordinance.
We further held that a "deemer" provision of the municipal
ordinance did not usurp the Planning Board's authority under the
Municipal Land Use Law. N.J.S.A. 40:55D-1 to -163. We
concluded that the Planning Board's action was appropriate.
We did observe that, as a practical matter, plaintiffs'
challenge of the Planning Board's approval of the development
application, provided a forum for a review of the merits of the
challenged ordinance.
