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TOYS "R" US, INC. v. TP. OF MOUNT OLIVE

300 N.J. Super. 585 (1997)

TOYS "R" US, INC., APPELLANT, v. TOWNSHIP OF MOUNT OLIVE, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 1997.

Attorney(s) appearing for the Case

Lawrence P. Cohen argued the cause for appellant (Courter, Kobert, Laufer & Cohen, attorneys; Mr. Cohen, of counsel, Michael S. Selvaggi, on the brief).

John H. Dorsey argued the cause for respondent (Dorsey and Fisher, attorneys; Mr. Dorsey, of counsel, and on the brief).

Cheryl R. Clarke, Deputy Attorney General, argued the cause on behalf of the Department of Community Affairs (Peter Verniero, Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel, and Ms. Clarke, on the brief).

Before Judges STERN, HUMPHREYS and WECKER.

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

Toys "R" Us, Inc. ("Toys") constructed a large warehouse and distribution center on its property in Mount Olive. Before construction began, Toys obtained various construction permits from the Township of Mount Olive for which Toys paid approximately $560,000. Most of the permits were applied for and paid for in the latter part of 1994. A few were received in February 1995. Mount Olive granted Toys a Certificate...

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