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TERNER v. SPYCO, INC.

226 N.J. Super. 532 (1988)

545 A.2d 192

EMANUEL TERNER, JOHN DOE AND RICHARD ROE, PLAINTIFFS-APPELLANTS, v. SPYCO, INC., THE PLANNING BOARD OF THE TOWNSHIP OF OCEAN AND THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF OCEAN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 20, 1988.

Attorney(s) appearing for the Case

William S. O'Hagan argued the cause for appellants (Stout & O'Hagan, attorneys; Scott R. Baron, on the brief).

Philip W. Crawford argued the cause for respondent Spyco, Inc. (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Philip W. Crawford, on the brief).

Michael J. Gross argued the cause for respondent Planning Board of Ocean Township (Kenney & Kenney, attorneys; Frank M. McDonough, on the brief).

Before Judges DEIGHAN and LANDAU.

The opinion of the court was delivered by LANDAU, J.A.D.

Plaintiffs Emanuel Terner, John Doe and Richard Roe (collectively Terner) appeal from the trial judge's dismissal of their complaint in lieu of prerogative writ wherein they challenge defendant Planning Board of the Township of Ocean's preliminary approval of an application for a major subdivision by defendant Spyco, Inc. (Spyco). The critical issue on appeal is whether the Planning Board correctly interpreted...

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