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IN RE FOUR THREE OH, INC.

No. 00-2135.

256 F.3d 107 (2001)

In re FOUR THREE OH, INC., Debtor. Board of Adjustment of The Township of North Bergen, The, Appellant, v. B.A.P.S. Northeast, Inc.; Michael B. Kaplan, Chapter 11 Trustee; Township of North Bergen, The, a Municipal Corporation of the State of New Jersey; Four Three OH Corp.

United States Court of Appeals, Third Circuit.

Filed July 2, 2001.

Attorney(s) appearing for the Case

Gerald J. Monahan, Union City, NJ, for Appellant.

Robert L. Podvey, Podvey, Sachs, Meanor, Catenacci, Hildner & Cocoziello, Newark, NJ, for Appellees.

Before: NYGAARD, ALITO, and ROSENN, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) February 27, 2001.

OPINION OF THE COURT

ROSENN, Circuit Judge:

This appeal has its origin in BAPS's1 application to the North Bergen Board of Adjustment (BOA or "the Board") for a use variance which would permit BAPS to use the subject property as a temple for Hindu worship. BAPS had agreed to purchase the property from the trustee in bankruptcy for Four Three Oh, Inc. on the...

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