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JERSEY URBAN RENEWAL v. ASBURY PARK

872 A.2d 137 (2005)

377 N.J. Super. 232

JERSEY URBAN RENEWAL, LLC, Plaintiff-Appellant, v. CITY OF ASBURY PARK, City Council of the City of Asbury Park, and City of Asbury Park Planning Board, Defendants-Respondents, and Asbury Partners, LLC, Defendant/Intervenor-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 5, 2005.

Attorney(s) appearing for the Case

Bowe & Fernicola, Red Bank, for appellant (Paul V. Fernicola, of counsel; Mr. Fernicola and Anthony T. Betta, on the brief).

Ansell Zaro Grimm & Aaron, Ocean, for respondent City of Asbury Park (James G. Aaron, of counsel; Mr. Aaron and Barry M. Capp, on the brief).

Jack A. Serpico, Ocean, for respondent City of Asbury Park Planning Board.

Becker Meisel, Livingston, for intervenor (Martin L. Borosko, Daniel J. O'Hern, Jr., and Daniel L. Pascoe, on the brief).

Respondent City Council of Asbury Park has not filed a brief.

Before Judges CONLEY, BRAITHWAITE and WINKELSTEIN.

The opinion of the court is delivered by

CONLEY, P.J.A.D.

Plaintiff, owner of a dilapidated apartment building in defendant City of Asbury Park's Waterfront Redevelopment Zone,1 applied to defendant Planning Board for site plan approval of proposed renovation of the building. Defendant Asbury Park and intervenor Asbury Partners, LLC, the designated Redevelopment Master Developer, objected...

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