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BOARD OF EDUC. v. ZON. BD. OF ADJ.

DOCKET NO. L-1674-06.

978 A.2d 325 (2006)

409 N.J. Super. 515

BOARD OF EDUCATION OF the CITY OF CLIFTON, Plaintiff, v. ZONING BOARD OF ADJUSTMENT OF the CITY OF CLIFTON, Defendant.

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

Approved for Publication September 2, 2009.

Attorney(s) appearing for the Case

Anthony D'Elia, for plaintiff (Chasan, Leyner & Lamparello, Secaucus, attorneys).

John D. Pogorelec, for defendant City of Clifton Zoning Board of Adjustment (Law Offices of John D. Pogorelec, L.L.C., attorneys).

Charles Rabolli, for intervenor Van Ness Family Trust (Carlet, Garrison, Klein & Zaretsky, L.L.P., attorneys).

Christine Cartwright Baker, for intervenor ProLogis 230 Brighton Road, L.L.C. (Drinker, Biddle & Reath, L.L.P., attorneys).

PASSERO, A.J.S.C.

Plaintiff Clifton Board of Education challenges a denial by Defendant Clifton Zoning Board of Adjustment of its use variance application to convert an industrial building into a school. The subject property is located in an industrial zone, where schools are not permitted.

This case requires an analysis of the traditional power of a municipal zoning board of adjustment in assessing negative criteria in connection with a proposed school. Specifically...

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