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WASHINGTON COMMONS v. JERSEY CITY

No. A-0779-09T1.

7 A.3d 225 (2010)

416 N.J. Super. 555

WASHINGTON COMMONS, LLC, Plaintiff-Appellant, v. CITY OF JERSEY CITY, Mariano Vega, Jr., Jersey City Redevelopment Agency, Members of the Jersey City Redevelopment Agency and Mayor Jerramiah Healy, the City of Jersey City Board of Adjustment, and the City of Jersey City Department of Housing, Economic Development and Commerce, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 12, 2010.

Attorney(s) appearing for the Case

Buttafuoco, Arce & Price, LLC, attorneys for appellant (Nicholas R. Buttafuoco, South Plainfield, on the brief).

William C. Matsikoudis , Corporation Counsel, attorney for respondents City of Jersey City, Mayor Jerramiah Healy, Councilman Mariano Vega, Jr., and the City of Jersey City Department of Housing, Economic Development and Commerce (Judith D. O'Donnell, Assistant Corporation Counsel, on the brief).

Vincent J. LaPaglia , Union City, attorney for respondent the City of Jersey City Board of Adjustment.

Before Judges SKILLMAN, PARRILLO and YANNOTTI.

The opinion of the court was delivered by

PARRILLO, J.A.D.

Plaintiff, Washington Commons, LLC, appeals from an August 14, 2009 order of the Law Division enforcing defendant City of Jersey City Board of Adjustment's (Board) November 8, 2007 resolution requiring plaintiff to convey to defendant City of Jersey City (City) fee simple absolute title to seven affordable housing units for $1.00 per unit. For reasons that follow, we reverse.

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