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VAN NESS v. OFF-SHORE FACILITIES CORP.

183 N.J. Super. 113 (1982)

443 A.2d 266

STANLEY C. VAN NESS, NEW JERSEY PUBLIC ADVOCATE, PLAINTIFF, v. OFF-SHORE FACILITIES CORP., BOARD OF ADJUSTMENT OF THE CITY OF ATLANTIC CITY, AND BOARD OF COMMISSIONERS OF THE CITY OF ATLANTIC CITY, DEFENDANTS.

Superior Court of New Jersey, Law Division Atlantic County.

Decided January 6, 1982.

Attorney(s) appearing for the Case

Kenneth E. Meiser, Deputy Director, Division of Public Interest Advocacy, for plaintiff.

Noah Bronkesh for defendant Off-Shore Facilities Corp. (Sills, Beck, Cummis, Zuckerman, Radin & Tischman, attorneys).

MANUEL H. GREENBERG, J.S.C.

The central question in this case is whether the pertinent provisions of the Casino Control Act preempt the Atlantic City Zoning Board of Adjustment from granting a variance to allow construction of a casino hotel on land planned and zoned for residential development. The matter comes before the court on cross-motions for summary judgment by plaintiff Public Advocate and defendant Off-Shore Facilities Corp. (Off-Shore), the applicant for...

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