TWC REALTY v. ZONING BD. OF ADJUST.


717 A.2d 439 (1998)

TWC REALTY PARTNERSHIP, Plaintiff, v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF EDISON, Defendant.

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

Decided May 14, 1998.


Attorney(s) appearing for the Case

John Wiley, Jr., Metuchen, for plaintiff.

Jeffrey B. Lehrer, Warren (Bivona, Cohen, Kunzman, Coley, Yospin Bernstein & Di-Francesco, attorneys), for defendant; Mr. Lehrer and Albert E. Cruz, on the brief.

Donald M. Ross, Newton (Dolan and Dolan, attorneys), submitted a Letter Brief on behalf of Amicus Curiae, New Jersey Planning Officials.

David J. Frizell, Metuchen (Frizell, Goldman & Jaffe, attorneys) submitted a Letter Brief on his own behalf, as Amicus Curiae.


WOLFSON, J.S.C.

In this zoning case, TWC Realty Partnership ("TWC") challenges the Edison Zoning Board's refusal to review the merits of its use variance application to construct a multi-unit congregate care housing facility for the elderly on a 23+ acre parcel in the 2200+ acre Light-Industrial ("LI") Zone. Instead, based upon its interpretation of Township of Dover v. Board of Adjustment of the Township of Dover, 158 N.J.Super. 401

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