GAYATRIJI v. BOROUGH OF SEASIDE HEIGHTS PLANNING BD.


857 A.2d 659 (2004)

372 N.J. Super. 203

Shree GAYATRIJI t/a the Anchor Motel, Plaintiff, v. The BOROUGH OF SEASIDE HEIGHTS PLANNING BOARD, Defendant.

Superior Court of New Jersey, Law Division, Ocean County.

Decided June 7, 2004.


Attorney(s) appearing for the Case

Anthony M. Pagano, Toms River, for plaintiff (Novins, York & Pentony).

Scott D. Thompson, Brick Town, for defendant (Wilbert, Montenegro & Thompson).


SERPENTELLI, A.J.S.C.

In this Action in Lieu of Prerogative Writs, the court revisits the troublesome and frequently puzzling issues surrounding conditions imposed on land use board approvals. In so doing, it attempts to review and reconcile the many decisions in this area that have differed in their analysis.

The plaintiff, Shree Gayatriji trading as the Anchor Motel (hereinafter "plaintiff" or "applicant"), seeks to reverse a decision of the Borough of Seaside...

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