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CITY OF TRENTON v. CALVARY APOSTOLIC TEMPLE, INC.

166 N.J. Super. 145 (1979)

399 A.2d 311

CITY OF TRENTON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CALVARY APOSTOLIC TEMPLE, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 27, 1979.

Attorney(s) appearing for the Case

Mr. Arthur R. Sypek, Jr. argued the cause for appellant (Messrs. Stockman, Mancino, Marinari, Smithson & O'Donnell, attorneys).

Mr. Peter E. Markens argued the cause for respondent (Mr. George T. Dougherty, attorney).

Before Judges FRITZ, BISCHOFF and MORGAN.

PER CURIAM.

The circumstances of this matter present a fascinating zoning problem already considered both by the planning board of the municipality on an application by defendant and by the Chancery Division of the Superior Court on an application of the municipality. Vital to an understanding of this appeal is a recognition from the outset that what is before us is not an appeal from the determination of either of these. Rather, we have an appeal from a quasi...

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