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PERLMART OF LACEY, INC. v. LACEY TP. PLANNING BD.

295 N.J. Super. 234 (1996)

684 A.2d 1005

PERLMART OF LACEY, INC., A NEW JERSEY CORPORATION AND PIEDMONT ASSOCIATES, A NEW JERSEY PARTNERSHIP, PLAINTIFFS-APPELLANTS, v. LACEY TOWNSHIP PLANNING BOARD, LACEY DEVELOPMENT LIMITED, A PARTNERSHIP, AND SUNRISE POINT ASSOCIATES, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 25, 1996.

Attorney(s) appearing for the Case

William J. O'Hagan, Jr. argued the cause for appellants (Stout & O'Hagan, attorneys; Mr. O'Hagan, of counsel; Barbara L. Birdsall, on the brief).

Gregory P. McGuckin argued the cause for respondent Lacey Township Planning Board (Dasti, Murphy & Wellerson, attorneys; Jerry J. Dasti, of counsel; Mr. McGuckin, on the brief).

Harvey L. York argued the cause for respondent Sunrise Point Associates (Novins, York & Pentony, attorneys; Mr. York, of counsel; Robert M. McKeon, on the brief).

Before Judges KING, KEEFE and CONLEY.

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

This appeal arises from a Lacey Township Planning Board grant of various site plan, variance and conditional use permit applications for a K-Mart shopping center. It is undisputed that the required public notice did not specify that the various applications were for a K-Mart shopping center or that the shopping center was a conditional use. It is also undisputed that the application did not comply with all of...

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