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TOLL BROTHERS, INC., ETC., PLAINTIFF-RESPONDENT v. TOWNSHIP OFWEST WINDSOR, DEFENDANT-PETITIONER, AND PLANNING BOARD OF THETOWNSHIP OF WEST WINDSOR, DEFENDANT-RESPONDENT.

ON PETITION FOR CERTIFICATION

To the Appellate Division, Superior Court:

A petition for certification of the judgment in A-5858-97 having been submitted to this Court, and the Court having considered the same;

It is ORDERED that the petition for certification is granted, limited to the following issues:

(1) whether the trial court erred in concluding that the Township's ordinances, regulations, and site factors prevented a realistic opportunity for development of affordable housing;
(2) whether the trial court erred when it considered market demand for particular housing types when it determined that the Township failed to provide a realistic opportunity for the development of affordable housing; and
(3) whether the trial court erred in holding that Toll Brothers was entitled to a building's remedy.

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TOLL BROTHERS v. TWNSHP. OF WEST WINDSOR
(May 24, 2001)