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S. BRUNSWICK ASSOC. v. TP. COUNCIL

285 N.J. Super. 377 (1994)

667 A.2d 1

SOUTH BRUNSWICK ASSOCIATES, PLAINTIFF, v. TOWNSHIP COUNCIL OF THE TOWNSHIP OF MONROE, DEFENDANT.

Superior Court of New Jersey, Law Division Civil Part Middlesex County.

Decided May 17, 1994.

Attorney(s) appearing for the Case

Thomas R. Farino, Jr., for plaintiff.

Joel L. Shain, for defendant (Shain, Schaffer & Rafanello, attorneys; Todd R. Staretz, on the brief).

BERMAN, J.S.C.

The novel issue presented is whether a Township Council President can appear before a local Zoning Board of Adjustment on behalf of concerned citizens in opposition to a variance, and subsequently participate in the Township Council's quasi-judicial review of the zoning board's decision. The court holds that he cannot, vacates the council's determination, and remands the matter to the council to reconsider the appeal within thirty days without the participation...

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