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DONADIO v. CUNNINGHAM

58 N.J. 309 (1971)

277 A.2d 375

JOSEPH J. DONADIO AND PETER J. DEGNAN, PLAINTIFFS-RESPONDENTS, v. JOHN R. CUNNINGHAM AND EDWARD P. O'BOYLE, BUILDING INSPECTORS OF THE TOWN OF WEST ORANGE, ZONING BOARD OF ADJUSTMENT OF THE TOWN OF WEST ORANGE, AND JAMES A. VOGEL, DEFENDANTS-RESPONDENTS, AND McDONALD'S CORPORATION, INTERVENOR-DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 11, 1971.

Attorney(s) appearing for the Case

Mr. Thomas L. Morrissey argued the cause for intervenor-defendant-appellant (Messrs. Carpenter, Bennett & Morrissey, attorneys; Mr. Morrissey, of counsel; Miss Virginia D. Fenton and Mr. Robert E. Turtz, on the brief.)

Mr. Monroe Jay Lustbader argued the cause for plaintiffs-respondents (Messrs. Lustbader and Lustbader, attorneys; Mr. Monroe Jay Lustbader, on the brief.)

No appearance made or brief filed on behalf of defendants-respondents.

The opinion of the Court was delivered by HALL, J.

This appeal devolves from a complex litigation arising out of the issuance of site plan approval and a building permit by the authorities of the Town of West Orange for the erection of a limited menu, fast service restaurant by intervenor McDonald's Corporation (McDonald) on lands leased by it from defendant Vogel in a commercial zone on Northfield Avenue in that municipality. Plaintiffs, neighboring residents, attacked...

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