07-05-11 MAHWAH REALTY ASSOCIATES, INC., ET AL. VS. TOWNSHIP OF MAHWAH, ET AL.
A-1726-10T1
In this appeal, the court considered whether the adoption of an ordinance inconsistent with a municipality's master plan met the requirements of the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163, and specifically, whether the governing body's reasons for adopting the ordinance were "set forth in a resolution and recorded in its minutes," N.J.S.A. 40:55D-62a. Because the minutes summarized the argument heard by the governing body and memorialized the governing body's vote on the ordinance and its adoption of a resolution, which detailed its reasons for adopting the ordinance, the court held that the governing body's actions met the statute's requirements and reversed the trial court's contrary conclusion.
