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DePETRO v. TP. OF WAYNE PLANNING BD.

842 A.2d 266 (2004)

367 N.J. Super. 161

Roy A. DePETRO, Robert Lefelar, Irene Weinberg, Mary Tumminello, Plaintiffs-Appellants/Cross-Respondents, v. TOWNSHIP OF WAYNE PLANNING BOARD, Defendant-Respondent, and Susa Partnership, L.P., a Limited Partnership Headquartered in Memphis, TN, Defendant-Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 2004.

Attorney(s) appearing for the Case

Philip R. Glucksman, Morristown, argued the cause for appellants/cross-respondents (Mr. Glucksman, attorney and on the brief).

Matthew J. Cavaliere, Wayne, argued the cause for respondent Township of Wayne Planning Board (Cavaliere & Cavaliere, attorneys; Mr. Cavaliere, of counsel and on the brief).

A. Michael Rubin, Wayne, argued the cause for respondent/cross-appellant SUSA Partnership (Rubin & Connelly, attorneys; Mr. Rubin, on the brief).

Before Judges A.A. RODRIGUEZ, LEFELT and PAYNE.

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

Plaintiffs Roy A. DePetro, Robert Lefelar, Irene Weinberg, and Mary Tummienello, residents of the Township of Wayne and shareholders in an entity that competes with the self-storage facility business of defendant SUSA Partnership, appeal from orders of the trial court upholding, with modifications, a grant by the Township of Wayne Planning Board of preliminary and final...

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