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  5. 876 A.2d 320 (2005)
 

TOWNSHIP v. ZONING BD. OF ADJ.

876 A.2d 320 (2005)

378 N.J. Super. 485

TOWNSHIP OF NORTH BRUNSWICK, Plaintiff-Respondent, v. ZONING BOARD OF ADJUSTMENT OF the TOWNSHIP OF NORTH BRUNSWICK, Defendant-Respondent, and Kaplan Companies, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 2005.

Attorney(s) appearing for the Case

Jack Borrus argued, North Brunswick, the cause for appellant (Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl, attorneys; Mr. Borrus and Rosalind Westlake, of counsel and on the brief).

Arlene M. Turinchak, Somerset, argued the cause for respondent Township of North Brunswick (McGimpsey & Cafferty, attorneys; Ms. Turinchak and Thomas J. Cafferty, on the brief).

Respondent Zoning Board of Adjustment of the Township of North Brunswick did not file a brief.

Before Judges KESTIN, LEFELT and ALLEY.

The opinion of the court was delivered by

LEFELT, J.A.D.

The North Brunswick Zoning Board of Adjustment granted use and bulk variances to Kaplan Companies to permit the construction in the Township's R-2 zone of a luxury apartment building for active senior citizens. The Township of North Brunswick sued Kaplan and the Board, claiming that by granting the variances the Board had usurped the Township's exclusive zoning power. Kaplan now appeals from Judge Hurley...

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