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RIYA FINNEGAN, LLC v. TOWNSHIP COUNCIL OF SOUTH BRUNSWICK

900 A.2d 325 (2006)

386 N.J. Super. 255

RIYA FINNEGAN, LLC, Plaintiffs v. TOWNSHIP COUNCIL OF SOUTH BRUNSWICK and the Planning Board of the Township of South Brunswick, Defendants.

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

Decided February 21, 2006.

Attorney(s) appearing for the Case

Henry L. Kent-Smith, Princeton, for the plaintiff (Saul Ewing, attorneys).

Anthony M. Campisano, North Brunswick, for defendant Township Council of South Brunswick (Bucca and Campisano, attorneys).

John A. Jorgensen, Iselin, for defendant Planning Board of the Township of South Brunswick (Jorgensen and Barnes, attorneys).

HURLEY, J.S.C.

This is an action in lieu of prerogative writs brought by plaintiff Riya Finnegan, LLC ("plaintiff"), challenging a zoning ordinance passed by the Township of South Brunswick changing the zoning of plaintiff's property from Neighborhood Commercial (C-1) to Office Park (OP). The issue before the court is whether Ordinance 15-05 is unenforceable as it applies to plaintiff's property.

Plaintiff is the owner of certain property located in the Township...

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