PRICE v. MARTINETTI

Docket No. A-1834-10T3

23 A.3d 483 (2011)

421 N.J. Super. 290

Larry PRICE, Plaintiff-Appellant, v. Martin T. MARTINETTI, Construction Code Official of the City of Union City, and 315 7th STREET, LLC, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 25, 2011.


Attorney(s) appearing for the Case

Larry Price , appellant, argued the cause pro se.

Gregory F. Kotchick , West Caldwell, argued the cause for respondent, Martin T. Martinetti , Construction Code Official of the City of Union City (Durkin & Durkin, attorneys; Mr. Kotchick , of counsel and on the brief).

Joel M. Ellis argued the cause for respondent, 315 7th Street, LLC (Kates, Nussman, Rapone, Ellis & Farhi, attorneys; Michael B. Kates , Hackensack, of counsel and on the brief).

Before Judges PARRILLO, YANNOTTI and SKILLMAN.


The opinion of the court was delivered by

SKILLMAN, J.A.D. (retired and temporarily assigned on recall).

The issue presented by this appeal is whether a landowner who obtains the land use approvals required for a development project, and subsequently obtains the land use approvals required for a different form of development project on the site, loses the benefit of the approvals authorizing construction of the originally planned project. We conclude that...

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