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LINCOLN HEIGHTS v. TP. OF CRANFORD

314 N.J. Super. 366 (1998)

LINCOLN HEIGHTS ASSOCIATION, A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. TOWNSHIP OF CRANFORD PLANNING BOARD, EDWARDS SUPER FOOD STORE, CRANE REALTY, L.P., AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF CRANFORD, DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided February 6, 1998.

Attorney(s) appearing for the Case

Jeffrey Kantowitz, for plaintiff (Goldberg, Mufson & Spar, attorneys).

John J. Russo, for defendant Township of Cranford Planning Board (Joseph P. Depa, Jr., attorney).

Brian W. Fahey, for defendants Edwards Super Food Store and Crane Realty, L.P. (Fahey & Fahey, attorneys).

Albert N. Stender, for defendant Township Committee of the Township of Cranford (Stender & Hernandez, attorneys).

PISANSKY, J.S.C.

This prerogative writ action concerns the construction and operation of a grocery store as a conditional use in the Township of Cranford.

On August 5, 1996 Edwards Super Food Store (Edwards) filed a preliminary and final major site plan application for the conditional use of a grocery store on property located within the ROI-3 zone as designated by the Cranford Land Development Ordinance (CLDO...

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