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SCHOLASTIC BUS CO. v. ZONING BD.

740 A.2d 657 (1999)

326 N.J. Super. 49

SCHOLASTIC BUS CO. INC., and Sylvia Roehrich t/a Wendell Realty, Plaintiffs-Respondents, v. ZONING BOARD OF the BOROUGH OF FAIR LAWN, Defendant-Appellant, and Joel Tanis & Sons, Inc., Defendant/Intervener-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 12, 1999.

Attorney(s) appearing for the Case

Robert C. Matule, Hoboken, for defendant-appellant Zoning Board of the Borough of Fair Lawn.

Daniel L. Schmutter, Paramus, for defendant/intervenor-appellant Joel Tanis & Sons, Inc. (Hartman & Winnicki, attorneys; Warren S. Robins and Mr. Schmutter, on the brief).

Joseph R. Torre, Hasbrouck Heights, for plaintiff-respondent (Joseph R. Torre and Ronald S. Bergamini, attorneys; and on the brief).

Before Judges PRESSLER, KIMMELMAN and ARNOLD.

The opinion of the court was delivered by ARNOLD, J.S.C. (temporarily assigned).

At issue in this appeal is whether the decision of the Fair Lawn Zoning Board of Adjustment (Board) denying an application for a use variance under N.J.S.A. 40:55D-70(d) was arbitrary, capricious, and unreasonable. Scholastic Bus Company, Inc. (Scholastic) and Wendell Realty (Wendell) had applied for the use variance to locate a school bus parking and maintenance facility in the...

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