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PRB ENTERPRISES, INC. v. SOUTH BRUNSWICK

105 N.J. 1 (1987)

518 A.2d 1099

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

The Supreme Court of New Jersey.

Decided January 8, 1987.

Attorney(s) appearing for the Case

Joseph J. Benedict argued the cause for appellant (Benedict and Altman, attorneys).

Thomas R. Farino, Jr., argued the cause for respondent.

Thomas J. Cafferty submitted a brief on behalf of amici curiae Township of North Brunswick and Franklin Township (McGimpsey & Cafferty, attorneys).

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

In this case we consider the validity of a zoning ordinance that purports to authorize a municipal planning board to deny site plan approval for an otherwise permitted use on the basis of the volume of traffic the use is likely to generate. The Appellate Division, observing that the language relied on by the Planning Board was contained in a section of the ordinance entitled "Purpose," concluded that this section...

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