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FINNEGAN, LLC v. TOWNSHIP COUNCIL

926 A.2d 402 (2007)

394 N.J. Super. 303

RIYA FINNEGAN, LLC, Plaintiff-Respondent, v. TOWNSHIP COUNCIL OF SOUTH BRUNSWICK, Defendant-Appellant, and The Planning Board of the Township of South Brunswick, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided July 3, 2007.

Attorney(s) appearing for the Case

Anthony M. Campisano, North Brunswick, argued the cause for appellant (Bucca & Campisano, attorneys; Mr. Campisano, on the brief).

Henry L. Kent-Smith, Princeton, argued the cause for respondent (Saul Ewing, attorneys; Mr. Kent-Smith, of counsel and on the brief; Jennifer Forrest, on the brief).

Before Judges CUFF, WINKELSTEIN and FUENTES.

The opinion of the court was delivered by

FUENTES, J.A.D.

Defendant, Township Council of South Brunswick, appeals from the decision of the Law Division invalidating municipal Ordinance 15-05, which rezoned plaintiff Riya Finnegan's property from a commercial development district to an office development district. The trial court held that the municipal legislation was arbitrary and capricious, because the Township...

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