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WILLOUGHBY v. PLANNING BD.

306 N.J. Super. 266 (1997)

ALAN WILLOUGHBY, WILLIAM H. REESE, SR. AND CITIZENS ALLIANCE FOR A RESPONSIBLE ENVIRONMENT, PLAINTIFFS-APPELLANTS, v. PLANNING BOARD OF THE TOWNSHIP OF DEPTFORD, THE TOWNSHIP COUNCIL OF DEPTFORD AND THE WOLFSON GROUP, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 2, 1997.

Attorney(s) appearing for the Case

Michele R. Donato argued the cause for appellants.

Wayne C. Streitz argued the cause for respondent Deptford Township Planning Board (Ware, Streitz and Thompson, attorneys; Mr. Streitz, of counsel and on the brief).

Patricia L. Talcott argued the cause for respondent The Wolfson Group (Kaplin, Stewart, Meloff, Reiter and Stein; Dilworth, Paxson, Kalish and Kauffman; and Sherman, Silverstein, Kohl, Rose and Podolsky, attorneys; John Matheussen and Robert Washburn, of counsel; Ms. Talcott, on the brief).

Angelini, Viniar and Freedman, attorneys for respondent Township Council of Deptford (Carl B. Viniar, filed a statement in lieu of brief).

Before Judges SKILLMAN, EICHEN and WERTHEIMER.

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

Defendant Wolfson Group, Inc. (Wolfson) is the equitable owner of a thirty acre tract of land on Route 41 in Deptford Township. The property is undeveloped woodland constrained in the rear by wetlands and steep slopes. Wolfson seeks to develop a retail shopping center on the property consisting of a 120,000 square foot Wal-Mart store and two other retail stores totalling 76,500 square feet. Plaintiff Citizens...

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