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SWISS VILLAGE ASSOCS. v. MUN. COUN. WAYNE TP

162 N.J. Super. 138 (1978)

392 A.2d 596

SWISS VILLAGE ASSOCIATES, PLAINTIFF-RESPONDENT, v. THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF WAYNE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 31, 1978.

Attorney(s) appearing for the Case

Mr. Frank Scangarella argued the cause for appellant (Mr. Lawrence D. Katz on the brief; Ms. Laura J. Lande on the reply brief).

Mr. John E. Nemetz, Jr. argued the cause for respondent (Mr. Charles Marks, of counsel and on the brief).

Before Judges FRITZ, BOTTER and ARD.

PER CURIAM.

Plaintiff applied to the Wayne Township Planning Board "for a change in the zoning" of a tract of land owned by it to "a Planned Unit Development Zone wherein four high rise residential apartment buildings" were proposed. The planning board rejected the application. Plaintiff appealed to the board of adjustment, which concurred in the determination of the planning board. Plaintiff brought a prerogative writ action challenging the rejection of its proposal...

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