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CORTESINI v. HAMILTON TP. PLAN.

No. A-3309-09T1.

9 A.3d 185 (2010)

417 N.J. Super. 210

Paul CORTESINI and Thomas Zola, Plaintiffs-Appellants, v. HAMILTON TOWNSHIP PLANNING BOARD and Wal-Mart Real Estate Business Trust, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 14, 2010.

Attorney(s) appearing for the Case

Jeffrey I. Baron argued the cause for appellants (Baron, Riefberg & Brennan, attorneys; Mr. Baron, of counsel; Jeffrey M. Brennan, Voorhees, on the brief). Leo R. Zamparelli, Trenton, argued the cause for respondent Hamilton Township Planning Board.

Gary T. Hall argued the cause for respondent Wal-Mart Real Estate Business Trust (McCarter & English, attorneys; Mr. Hall, of counsel and on the brief; Donald M. Pepe, Newark, on the brief).

Before Judges SKILLMAN, PARRILLO and ESPINOSA.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This appeal involves the grant by defendant Hamilton Township Planning Board (Board) to defendant Wal-Mart Real Estate Business Trust (Wal-Mart) of land use approvals for the proposed renovation of an existing Wal-Mart store. The primary argument presented by plaintiffs, who are property owners in Hamilton Township, is that the Board's resolution authorizing this renovation is invalid because the...

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