MAHWAH TP. v. LANDSCAPING TECH.


230 N.J. Super. 106 (1989)

552 A.2d 1021

TOWNSHIP OF MAHWAH, PLAINTIFF-APPELLANT, v. LANDSCAPING TECHNOLOGIES, INC. D/B/A BIG "G" NURSERY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 20, 1989.


Attorney(s) appearing for the Case

Brian T. Campion argued the cause for appellant (Breslin and Breslin, attorneys; Brian T. Campion, of counsel and on the brief).

George O. Foster argued the cause for respondent.

Before Judges ANTELL and HAVEY.


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

Plaintiff appeals from a judgment denying its request for injunctive relief against defendant's commercial use of its property within an exclusively residential zone. The trial court found plaintiff was equitably estopped from enforcing the ordinance because it had issued, albeit mistakenly, a Certificate of Continued Occupancy reciting that the use which plaintiff seeks to enjoin was a valid nonconforming...

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