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DAVIS v. PLANNING BD. OF SOMERS PT.

744 A.2d 222 (2000)

Thomas DAVIS, Harry Ryan, Joseph Goodwin, Robert Helm, Elaine Helm and Somers Point Food Services, Inc., a New Jersey Corporation, Plaintiffs-Appellants, v. PLANNING BOARD OF the CITY OF SOMERS POINT, McDonald's Corporation, Leon Freeman, Deceased, and Judith Brahin, Executrix of the Estate of Leon Freeman, Deceased, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 31, 2000.

Attorney(s) appearing for the Case

Kevin J. Thornton, Atlantic City, for plaintiffs-appellants (Horn, Goldberg, Gorny, Plackter, Weiss and Perskie, attorneys; Mr. Thornton, of counsel and on the brief).

Daryl F. Todd, Sr., Linwood, for defendant-respondent Planning Board of the City of Somers Point (Todd & Gemmel, attorneys; Mr. Todd, on the brief).

Stephen R. Nehmad, Atlantic City, for defendants-respondents McDonald's Corporation, Estate of Leon Freeman and Judith Brahin, Executrix (Perskie, Nehmad & Perillo, attorneys; Mr. Nehmad and Richard F. DeLucry, on the brief).

Before Judges HAVEY, A.A. RODRIGUEZ and LINTNER.

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

Since 1990, McDonald's Corporation, along with the Estate of Leon Freeman and its executrix Judith Brahin (collectively "McDonald's"), has sought to build and operate a fast-food restaurant in Somers Point at the intersection of New Road (Route 9) and Chapman Boulevard. Plaintiffs have opposed the project from the beginning. In this appeal, plaintiffs contend that changes made to the project after preliminary...

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