MANALAPAN REALTY, L.P., PLAINTIFF-RESPONDENT-CROSS-APPELLANT,
v.
TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MANALAPAN AND THE TOWNSHIP OF MANALAPAN, DEFENDANTS-APPELLANTS-CROSS-RESPONDENTS.
MANALAPAN REALTY, L.P., PLAINTIFF-RESPONDENT-CROSS-APPELLANT,
v.
MANALAPAN TOWNSHIP PLANNING BOARD, DEFENDANT-APPELLANT-CROSS-RESPONDENT.
HOME DEPOT U.S.A., INC., INTERVENOR-RESPONDENT-CROSS-APPELLANT,
v.
TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MANALAPAN, THE TOWNSHIP OF MANALAPAN AND MANALAPAN TOWNSHIP PLANNING BOARD, DEFENDANTS-APPELLANTS-CROSS-RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued December 7, 1993.
Decided March 14, 1994.
Attorney(s) appearing for the Case
Robert F. Munoz argued the cause for appellants-cross-respondents Township Committee of the Township of Manalapan and the Township of Manalapan in A-1228-92T1 (Lomurro, Davison, Eastman & Munoz, attorneys; Mr. Munoz, of counsel and on the brief).
James H. Gorman, argued the cause for appellant-cross-respondent Manalapan Township Planning Board in A-1439-92T1.
Michael M. Rosenbaum argued the cause for respondent-cross-appellant Manalapan Realty, L.P. (Budd, Larner, Gross, Rosenbaum, Greenberg & Sade, attorneys; Mary L. Moore and Mr. Rosenbaum, on the brief).
Michael B. Steib argued the cause for respondent-cross-appellant Home Depot U.S.A., Inc.
Before Judges MICHELS, SKILLMAN and WEFING.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by SKILLMAN, J.A.D.
This appeal requires us to determine the validity of an amendment to the Township of Manalapan's zoning ordinance which excludes from Manalapan's C-1 regional commercial shopping center district "[r]etail stores ... engaged in the sale of lumber or building materials or storing, displaying, or selling materials outside a completely enclosed building."
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