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ATLANTIC CONT. v. TOWNSHIP OF EAGLESWOOD BD.

711 A.2d 419 (1997)

312 N.J. Super. 213

ATLANTIC CONTAINER, INC., a New Jersey Corporation, Plaintiff, v. TOWNSHIP OF EAGLESWOOD PLANNING BOARD, a municipal public agency, Defendant, and Concerned Citizens for a Quality Community, Intervenor.

Superior Court of New Jersey, Law Division, Ocean County.

Decided December 8, 1997.

Attorney(s) appearing for the Case

Thomas P. Butz, Toms River, for plaintiff (Schuman, Butz & Babcock, P.C., attorneys).

Russell P. Cherkos, Lanoka Harbor, for defendant (Cherkos & Roe, attorneys).

Robert J. Cirafesi for intervenor (Wilentz, Goldman & Spitzer, attorneys).

SERPENTELLI, A.J.S.C.

In this Action in Lieu of Prerogative Writs, the court is required to engage in legislative interpretation to determine whether a variance is needed to build a material recovery facility. Plaintiff Atlantic Container, Inc. (hereinafter Atlantic) applied to the Township of Eagleswood Planning Board (hereinafter Board), a consolidated Board created pursuant to N.J.S.A. 40:55D-25(c), seeking preliminary and final major site plan approval...

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