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VALUE OIL COMPANY v. TOWN OF IRVINGTON

152 N.J. Super. 354 (1977)

377 A.2d 1225

VALUE OIL COMPANY, A NEW JERSEY CORPORATION, PLAINTIFF, v. TOWN OF IRVINGTON, A MUNICIPAL CORPORATION, AND ZONING BOARD OF ADJUSTMENT OF THE TOWN OF IRVINGTON, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 29, 1977.

Attorney(s) appearing for the Case

Mr. Richard A. Fazzari for plaintiff (Mr. Arthur W. Burgess, attorney).

Mr. Henry E. Rzemieniewski for defendant Town of Irvington.

Mr. Howard I. Waxman for defendant Zoning Board of Adjustment of the Town of Irvington.

MARZULLI, J.S.C.

The issue presented by plaintiff's complaint in lieu of prerogative writs is whether a special exception permit must issue when an applicant demonstrates compliance with all enumerated criteria of a zoning ordinance.

On January 23, 1976 plaintiff Value Oil Company made application for a special use permit1 to the Zoning Board of Adjustment of the Town of Irvington for permission to use a premises in the Town of...

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