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CITY OF SOUTH AMBOY v. GASSAWAY

101 N.J. 86 (1985)

501 A.2d 120

CITY OF SOUTH AMBOY, PLAINTIFF-RESPONDENT, v. ROBERT J. GASSAWAY, T/A GASSAWAY ENTERPRISES, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided November 25, 1985.

Attorney(s) appearing for the Case

John DeNoia argued the cause for appellant (Adams, DeNoia, Cassese & Papp, attorneys).

Bernard H. Shihar argued the cause for respondent (Convery, Convery & Shihar, attorneys; James B. Convery, on the brief).

David Joseph Frizell submitted briefs on behalf of amicus curiae Frizell & Pozycki, Esqs. (Frizell & Pozycki, attorneys).

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

We granted certification, 99 N.J. 232 (1984), to determine when an application for a zoning variance is "complete" for purposes of the 120-day automatic approval provision of N.J.S.A. 40:55D-73. In an unreported decision, the Chancery Division ruled that the application was complete upon filing. The Appellate Division reversed, 195 N.J.Super. 239

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