Anastasio v. Planning Bd. of Township of West Orange

In Anastasio v. Planning Bd. of Township of West Orange, 209 N.J. Super. 499, 519-22, 507 A.2d 1194 (App.Div.), certif. denied, 107 N.J. 46, 526 A.2d 136 (1986), a developer obtained a judgment under 42 U.S.C.A. 1983 and 1988 against members of a planning board on the theory that their delay in reviewing and approving a site plan application violated the Due Process Clause of the Fourteenth Amendment and the Takings Clause of the Fifth Amendment. In reversing, the Court noted that plaintiff was "free at any time to bring an action in lieu of prerogative writs under state law to challenge the action of the board" and concluded that "as a matter of law plaintiff could suffer no violation of any constitutional right by reason of delay in approval of its site plan." 209 N.J. Super. at 520, 507 A.2d 1194.