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PULLEN v. TP. OF SOUTH PLAINFIELD

291 N.J. Super. 1 (1996)

676 A.2d 1095

HENRY PULLEN, PLAINTIFF-APPELLANT, v. TOWNSHIP OF SOUTH PLAINFIELD PLANNING BOARD AND HENRY FEINBERG, T/A RITE-AID PHARMACY & STORE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 30, 1996.

Attorney(s) appearing for the Case

Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl, attorneys for appellant (James F. Clarkin III, on the brief).

Renato R. Biribin, attorney for respondent Township of South Plainfield Planning Board.

O'Brien, Liotta & Mandel, attorneys for respondent Henry Feinberg t/a Rite-Aid Pharmacy & Stores (Stephen L. Ritz, of counsel and on the brief; Marie Seitz, also on the brief).

Before Judges PETRELLA and EICHEN.

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

Henry Pullen, a residential neighbor, opposed a variance application and filed a complaint in lieu of prerogative writs challenging subdivision approval and related variances granted to Henry Feinberg, t/a Rite-Aid Pharmacy and Store. On this appeal from the judgment of the Law Division dismissing his suit, Pullen challenges the judge's decisions: (1) interpreting N.J.S.A. 40:55D-70c(2)

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