CEREBRAL PALSY CENTER v. FAIR LAWN


864 A.2d 1184 (2005)

374 N.J. Super. 437

The CEREBRAL PALSY CENTER, BERGEN COUNTY, INC., Trading as Children's Therapy Center, Plaintiff-Appellant, v. MAYOR AND COUNCIL OF the BOROUGH OF FAIR LAWN, Borough of Fair Lawn, and Fair Lawn Zoning Board of Adjustment, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 27, 2005.


Attorney(s) appearing for the Case

Andrew J. Karas, Fairlawn, argued the cause for appellant (Feitlin, Youngman, Karas & Youngman, attorneys; Mr. Karas, on the brief).

Richard A. Lustgarten, West Orange, argued the cause for respondent Mayor and Council of the Borough of Fair Lawn and Borough of Fair Lawn.

Respondent Fair Lawn Zoning Board of Adjustment relies on the brief submitted by respondent Mayor and Council of the Borough of Fair Lawn and the Borough of Fair Lawn (Robert C. Matule, Hoboken, attorney).

Lloyd H. Tubman, Woodbridge, argued the cause for amicus curiae New Jersey Chapter of National Association of Industrial and Office Properties (Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, attorneys; Mr. Tubman, of counsel and on the brief; Steven Firkser, on the brief).

William F. Hyland, Jr., Voorhees, argued the cause for amicus curiae New Jersey Builders Association (Ballard Spahr Andrews & Ingersoll, attorneys; Richard M. Hluchan, of counsel; Mr. Hyland, Michelle A. Ducellier, and Lauren A. Beetle, on the brief).

Before Judges WEFING, FALL and PAYNE.


The opinion of the court was delivered by

WEFING, P.J.A.D.

Plaintiff, The Cerebral Palsy Center, Bergen County, Inc., trading as Children's Therapy Center ("Center"), appeals from the trial court order dismissing its complaint in which it challenged the legality of a Fair Lawn ordinance. After reviewing the record in light of the contentions advanced on appeal, we reverse.

Fair Lawn has adopted an ordinance, § 125-60.1 of the Land Development...

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