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FOSTER-HYATT GROUP, ETC. v. W. CALDWELL PLAN. BD.

174 N.J. Super. 10 (1980)

415 A.2d 349

FOSTER-HYATT GROUP OF COMPANIES, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. WEST CALDWELL PLANNING BOARD, THE MAYOR AND COUNCIL OF THE BOROUGH OF WEST CALDWELL, ESSEX COUNTY, NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 9, 1980.

Attorney(s) appearing for the Case

Andrew W. Kleppe argued the cause for appellant (Brandley & Kleppe, attorneys).

J. Barry Cocoziello argued the cause for respondents (Podvey & Sachs, attorneys; Robert L. Podvey, of counsel).

Before Judges CRANE, MILMED and KING.

The opinion of the court was delivered by KING, J.A.D.

Plaintiff appeals from the affirmance by the Law Division of the Mayor and Council of the Borough of West Caldwell's affirmance of the planning board's denial of an "approval of change of use" and five bulk variances for its property on block 93, lot 7, situated at 1085 Bloomfield Avenue. The application was made to the planning board pursuant to N.J.S.A. 40:55D-60(a). See Cranmer v. Evesham Tp.,

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