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IRON MT. INFO. MGMT. v. CITY OF NEWARK

No. A-6561-06T2.

966 A.2d 62 (2009)

405 N.J. Super. 599

IRON MOUNTAIN INFORMATION MANAGEMENT, INC., Plaintiff-Appellant, v. CITY OF NEWARK, Defendant-Respondent, and Municipal Council of the City of Newark, Central Planning Board of the City of Newark and City of Newark Housing Authority, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided March 13, 2009.

Attorney(s) appearing for the Case

William J. Ward, Florham Park, argued the cause for appellant (Carlin & Ward, P.C., attorneys; Mr. Ward and John J. Carlin, Jr., of counsel and on the brief; Scott A. Heiart, on the brief).

Bradley M. Wilson, Hackensack, argued the cause for respondent (Nowell Amoroso Klein Bierman, P.A., attorneys; Mr. Wilson, of counsel and on the brief).

Before Judges CUFF, FISHER and BAXTER.

The opinion of the court was delivered by

BAXTER, J.A.D.

The central question before us is whether the Law Division erred when it dismissed as untimely a commercial tenant's challenge to the City of Newark's redevelopment plan, even though that tenant never received individual notice that the property in which its business was located was targeted for redevelopment. In particular, we are called upon to decide whether a commercial tenant is entitled in the...

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