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IRON MOUNTAIN v. CITY OF NEWARK

A-100 September Term 2008.

995 A.2d 841 (2010)

202 N.J. 74

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

Supreme Court of New Jersey.

Decided May 19, 2010.

Attorney(s) appearing for the Case

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

Bradley M. Wilson, Hackensack, argued the cause for respondent (Nowell Amoroso Klein Bierman, attorneys).

PER CURIAM.

Plaintiff Iron Mountain is a long-term commercial tenant operating a document storage and retrieval business in a building on Edison Place in Newark, which is owned by an unaffiliated entity, the Berkowitz Company. In 2004, the Municipal Council of the City of Newark adopted a resolution authorizing the Planning Board to investigate whether a group of properties within a twenty-four acre zone, including the building...

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