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CERDEL CONSTR. CO., INC. v. EAST HANOVER TP.

86 N.J. 303 (1981)

430 A.2d 925

CERDEL CONSTRUCTION COMPANY, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EAST HANOVER IN THE COUNTY OF MORRIS, A MUNICIPAL CORPORATION, DEFENDANT-RESPONDENT, AND BOARD OF ADJUSTMENT OF THE TOWNSHIP OF EAST HANOVER, A PUBLIC CORPORATION, ET AL., DEFENDANTS.

The Supreme Court of New Jersey.

Reargued April 6, 1981.

Decided June 11, 1981.

Attorney(s) appearing for the Case

Fred G. Stickel, III argued the cause for appellant (Stickel & Koenig, attorneys).

W. Cary Edwards, Jr. argued the cause for respondent (Edwards & Gallo, attorneys).

William M. Cox submitted a brief on behalf of amicus curiae New Jersey Federation of Planning Officials (Dolan & Dolan, attorneys).

The opinion of the Court was delivered by SULLIVAN, J.

This is a companion case to Evesham Township Zoning Board of Adjustment and Wilbert D. Abele v. Evesham Township Council et al. decided this same day. 86 N.J. 295 (1981). Certification was granted herein to consider plaintiff's assertion that the Appellate Division had failed to pass upon the novel issue of the appropriate scope of review to be applied by the municipal governing...

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