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SO. PLAINFIELD v. MIDDLESEX COUNTY

859 A.2d 463 (2004)

372 N.J. Super. 410

SOUTH PLAINFIELD PROPERTIES, L.P., a Delaware Limited Partnership, Plaintiff-Respondent, v. MIDDLESEX COUNTY PLANNING BOARD, Defendant-Appellant, and Township Committee of Piscataway, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided October 20, 2004.

Attorney(s) appearing for the Case

F. Clifford Gibbons, Princeton, argued the cause for appellant (Maselli Warren, attorneys; Mr. Gibbons, of counsel and on the brief).

William J. O'Hagan, Jr., Neptune, argued the cause for respondent (Stout & O'Hagan, attorneys; Mr. O'Hagan, of counsel; Michael V. Elward, on the brief).

Before Judges STERN, WECKER and S.L. REISNER.

The opinion of the court was delivered by

WECKER, J.A.D.

Defendant, Middlesex County Planning Board (County Planning Board), appeals from a summary judgment entered September 17, 2003, deeming the Board to have granted its approval, pursuant to the automatic approval provision of N.J.S.A. 40:27-6.7 and Middlesex County Site Plan Resolution § 11-5, to the major site plan development application filed by plaintiff, South Plainfield Properties, L...

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