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WEEDEN v. CITY COUNCIL

917 A.2d 815 (2007)

391 N.J. Super. 214

Frank WEEDEN, Trenton Historical Society, Adeline Community Civil Association, Cass Street Neighborhood Association, Jersey Street Community Association, Lamberton Historic District Committee, Lamberton Strides, Executive Board/South Broad Community Civic Association and Trenton Gay & Lesbian Civic Association, Inc., Plaintiffs-Appellants, v. CITY COUNCIL OF the CITY OF TRENTON, JAT Properties, LLC, Defendants-Respondents, and The Zoning Board of Adjustment of the City of Trenton, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided March 19, 2007.

Attorney(s) appearing for the Case

Michele R. Donato argued the cause for appellants.

Arnold C. Lakind, Lawrenceville, argued the cause for respondent JAT Properties (Szaferman, Lakind, Blumstein, Blader & Lehmann, attorneys; Mr. Lakind, of counsel and on the brief).

R. Denise Lyles argued the cause for respondent City Council of the City of Trenton (Joseph A. Alacqua, Special Counsel joined in the brief of respondent JAT Properties).

Before Judges S.L. REISNER, SELTZER and C.L. MINIMAN.

The opinion of the court was delivered by

S.L. REISNER, J.A.D.

This case arises from a dispute over an application by defendant, JAT Properties, LLC (JAT), to construct a sixty-seat restaurant with a drive-thru window in a designated redevelopment area of Trenton, New Jersey. The principal issue is whether the local zoning board of adjustment had jurisdiction to grant a variance from the redevelopment plan, which prohibited construction of drive-in restaurants...

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