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PRB ENTERPRISES, INC. v. S. BRUNSWICK PLAN. BD.

205 N.J. Super. 225 (1985)

500 A.2d 732

PRB ENTERPRISES, INC., PLAINTIFF-RESPONDENT, v. SOUTH BRUNSWICK PLANNING BOARD, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 8, 1985.

Attorney(s) appearing for the Case

Joseph J. Benedict argued the cause for appellant (Benedict & Altman, attorneys; Mr. Benedict and Carl W. Swanson, of counsel and on the brief).

Thomas R. Farino argued the cause for respondent.

Before Judges KING, O'BRIEN and SIMPSON.

The opinion of the court was delivered by O'BRIEN, J.A.D.

This zoning case involves denial of site plan approval by a planning board for a convenience store, an otherwise permitted use, because it was not "low traffic generating," as required by the preamble to the ordinance.

Defendant South Brunswick Planning Board (Planning Board) appeals from a decision of the Law Division reversing its denial of preliminary and final site plan approval to build a WAWA...

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