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LOORI BUS COMPANY v. TOWNSHIP OF MIDDLETOWN ZONING BOARD

Docket No. A-3499-09T3.

LOORI BUS COMPANY, Plaintiff-Respondent, v. TOWNSHIP OF MIDDLETOWN ZONING BOARD OF ADJUSTMENT, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 15, 2010.

Attorney(s) appearing for the Case

Gregory W. Vella argued the cause for appellant (Collins Vella & Casello, attorneys; Mr. Vella, of counsel and on the brief).

Martin A. McGann, Jr. , argued the cause for respondent.

Before Judges Reisner, Sabatino and Alvarez.

PER CURIAM.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

The Township of Middletown Zoning Board of Adjustment (Board) appeals from a February 23, 2010 judgment reversing its decision denying plaintiff Loori Bus Company's land use application and ordering the Board to grant plaintiff use and bulk variances. We affirm in part, and vacate and remand in part.

To summarize, plaintiff, a school bus company, sought a use variance...

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