The applicants brought a motion for directions concerning cross-appeals by the Township.
They sought a determination that the cross-appeals were moot due to a post-judgment land use agreement, and directions regarding the contents of the Township's appeal book.
The motion judge dismissed the request for a mootness determination, holding that under Rule 61.16(2.2), a motion that finally determines an appeal must be heard by a three-judge panel.
The motion judge granted directions requiring the Township to file a certificate respecting evidence and to include certain omitted materials in a supplementary appeal book.