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LIONEL'S APPLIANCE CENTER, INC. v. CITTA

156 N.J. Super. 257 (1978)

383 A.2d 773

LIONEL'S APPLIANCE CENTER, INC., A CORPORATION OF THE STATE OF NEW JERSEY, JOHN KISSAS, T/A PERKIN'S PANCAKE HOUSE, BERNARD SACHS, T/A BERNIE'S ONE HOUR MARTINIZING, LIONEL'S T.V. SERVICE, INC., A CORPORATION OF THE STATE OF NEW JERSEY, ELMER PURDY, T/A HEARING AID CENTER OF TOMS RIVER AND LIONEL DINERSTEIN, PLAINTIFFS, v. JOSEPH A. CITTA, PLANNING BOARD OF THE TOWNSHIP OF DOVER, AND THE TOWNSHIP OF DOVER, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 18, 1978.

Attorney(s) appearing for the Case

Mr. John S. Chaplick, Jr., for plaintiffs (Messrs. Kushinsky, Gans and Chaplick, attorneys).

Mr. Daniel J. Carluccio for defendant Joseph A. Citta (Messrs. Citta, Carluccio & Holzapfel, attorneys).

Mr. William J. Kearney for defendant Planning Board (Messrs. Lomell, Muccifori, Adler, Kearney, Ravaschiere & Amabile, attorneys).

Mr. Joseph L. Foster for defendant Township of Dover (Township of Dover, Department of Law).

HAVEY, J.C.C., Temporarily Assigned.

This action in lieu of prerogative writs raises a significant question regarding the powers of a local planning board in its site plan review under the new Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

Plaintiffs, interested and aggrieved parties as defined by N.J.S.A. 40:55D-3, seek in this action to set aside a site plan approval granted by the defendant Dover Township Planning Board to the defendant...

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