In the first published decision of its kind, the Appellate division in the matter of Price v. Martinetti asks the question whether a property owner having land use approval to develop land loses the right develop under the first approval in the event a second approval for a different development scheme is subsequently granted.

In this instance the court concludes that a landowner generally retains the right to develop the property under either development approval. Under certain instances that did not apply in the Price decision, the court alluded to the possibility that it might reach a different conclusion, but generally, a property owner holding an approval will be able to develop under the original development plan should the landowner choose, notwithstanding an approval for a different development scheme granted subsequently.