RICHARD VALENTI, LEO SHEARN AND JOHN ARMSTRONG, AS TAXPAYERS OF THE CITY OF ABSECON, INDIVIDUALLY AND AS REPRESENTATIVES OF AN UNINCORPORATED ASSOCIATION KNOWN AS CONCERNED FOR ABSECON, PLAINTIFFS-RESPONDENTS/CROSS-APPELLANTS,
v.
THE PLANNING BOARD OF THE CITY OF ABSECON, DEFENDANT/CROSS-RESPONDENT, AND SHOPPING CENTER PROPERTIES, INC., DEFENDANT-APPELLANT/CROSS-RESPONDENT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued September 25, 1990.
Decided October 17, 1990.
Attorney(s) appearing for the Case
Christine M. Cote argued the cause for defendant-appellant/cross-respondent Shopping Center Properties, Inc. (Cooper, Perskie, April, Niedelman, Wagenheim & Levenson, attorneys, Emanuel L. Levin, of counsel; C.M. Cote on the brief).
Michael J. Fitzgerald argued the cause for defendant/cross-respondent The Planning Board of the City of Absecon (Todd, Gemmel, Nugent & Fitzgerald, attorneys, M.J. Fitzgerald on the brief).
Mark H. Sandson argued the cause for plaintiffs-appellants/cross-respondents (Hankin, Sandson, Sandman & Cowhey, attorneys, M.H. Sandson on the brief).
Before Judges PRESSLER, BAIME and DiMARTINO.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by PRESSLER, P.J.A.D.
This is an action in lieu of prerogative writs arising out of the grant of dimensional variances by defendant Absecon Planning Board ("board") pursuant to N.J.S.A. 40:55D-70(c)(2). The variance permitted defendant Shopping Center Properties, Inc. ("applicant") to deviate from various of the applicable bulk limitations of the zoning ordinance in the...
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