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<br />March 25, 20091 Volume 3 I No.6 <br /> <br />Zoning Bulletin <br /> <br />power or obligates itself by an advance contract to provide a particular <br />zoning for the benefit of a private landowner." "More specifically," said <br />the court, "contract zoning occur[red] when a city entered into an agree- <br />ment with a landowner, and the owner promise[d] to subject his or her <br />property to deed restrictions while the city promis[ed] to enact a zoning <br />amendment and not to alter the zoning ch~nge for a specified period of <br />time." Contract zoning required some private agreement between 'par- <br />tie:s. Here, the court found there was no private agreement and therefore <br />no contract zoning between the city and the Hectors~ There was no evi- <br />dence the city made private pr~mises to amend the zop.ing map for the <br />Hectors. The meetings regarding city concerns about the proposals were <br />not, by themselves, contract zoning. <br /> <br />. See also: Klindt v. Pembina County Water Resource Bd., 2005 ND 106, <br />697 N. W.2d 339 (N.D. 2005). <br /> <br />See also: Chrismon v. Guilford County, 322 N.C. 611; 370 S.E.2d 579 <br />(1988). <br /> <br />Case Note: It its decision, the coUrt notedJ:hat it had not yet deter- <br />mined the legality of contract zoning in North Dakota. <br /> <br />Standing-Township's zoning restrictions <br />prevent planned development on land <br /> <br />Developer with an option to purchase land challenges <br />zoning restrictioJ:!s <br /> <br />Citation: Toll Bros., Inc. v. Township of Readington, 555 E3d 131 (3d <br />Cir. 2009) <br /> <br />NEW JERSEY (02/04/09)-Toll Brothers, Inc. entered into an op- <br />tion contract with Readington Properties, LLC, .the owner of a tract of <br />land (the "Land") in the township. Under the contract, Toll Brothers <br />was granted an exclusive option to buy the Land at a fixed price. In ex- <br />change, Toll Brothers promised to make periodic payments to Reading- <br />ton Properties. <br />At the time the options contracted was entered into, the township's <br />zoning laws classified part of the. Land as "research-offite," and, part as <br />"rural-residential." The "research-office" classification, allowed for "gen- <br />eral office development." The "rural-residential" classification allowed <br />for, among other things, residential development at a density of one unit <br />per three acres. <br /> <br />8 <br /> <br />@ 2009 Thomson Reuters <br /> <br />38 <br /> <br />~ <br />I " <br />i( 'J <br /> <br />/"""'I <br />r }I <br />\j <br /> <br />,( <br /> <br />.......;::;: <br /> <br /> <br />I <br /> <br />I' <br />I <br />I <br />