SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized.)

American Dream at Marlboro, L.L.C. v. The Planning Board of the Township of Marlboro

(A-107-10) (067617)

Argued January 18, 2012 – Decided February 16, 2012

PER CURIAM

This matter arises in the context of a dispute about a deed restriction that a planning board imposed on a developer. The Court considers the appropriate mechanism and quantum of proofs needed for removal of that restriction.

Plaintiff American Dream at Marlboro, L.L.C., is the successor in interest to Beacon Road Associates, L.L.C., an entity that served as the residential developer of a series of lots. The layout of the proposed development, known as Beacon Woods I, involved a series of building lots for homes on both sides of a roadway, to be named Haven Way, which ended in a cul de sac. As originally designed, there was a lot located near the end of Haven Way that was to be reached by a long driveway, a configuration referred to as a flag lot. In 1994 and 1995, plaintiff’s predecessor sought the approval of the Marlboro Township Planning Board for Beacon Woods I. As part of the approval process, and in accordance with a municipal ordinance that generally limited subdivision of flag lots, plaintiff’s predecessor agreed to a deed restriction whereby the flag lot would not be subdivided in the future. On June 7, 1995, the Planning Board granted preliminary major subdivision approval specifically conditioned on the inclusion of a restriction in the deed for the flag lot that would preclude its further subdivision.