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SHRI SAI VOORHEES v. TOWNSHIP OF VOORHEES

No. L-2321-08

968 A.2d 218 (2009)

406 N.J. Super. 497

SHRI SAI VOORHEES, LLC, Plaintiff, v. TOWNSHIP OF VOORHEES, Voorhees Township Planning Board, and Voorhees Hotel Associates, LP, Defendants.

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

Approved for Publication April 21, 2009.

Attorney(s) appearing for the Case

Daniel D. Haggerty, Philadelphia, PA, for plaintiff.

Stuart A. Platt, Pennsauken and Eric Riso, for defendant, Voorhees Township Planning Board.

Frank Tedesco and Stacy Cohen, Cherry Hill, for defendant, Voorhees Hotel Associates, LP.

ORLANDO, A.J.S.C.

The issue before the court is whether an application to erect a principal structure exactly ten percent higher than the zoned height limit requires a special needs D variance or a bulk C variance.

I

This is an action in lieu of prerogative writs in which the plaintiff Shri Sai Voorhees, LLC ("Shri Sai") challenges a development decision by the Voorhees Township Planning Board ("Planning Board"). The Planning Board granted Voorhees...

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