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ROCKAWAY SHOPRITE v. LINDEN

Docket No. A-1345-10T4

37 A.3d 1143 (2011)

424 N.J. Super. 337

ROCKAWAY SHOPRITE ASSOCIATES, INC., Plaintiff-Appellant, v. CITY OF LINDEN and Council of the City of Linden, Defendants-Respondents, and Linden Development, LLC, Defendant/Intervenor-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 14, 2011.

Attorney(s) appearing for the Case

Ronald S. Gasiorowski argued the cause for appellant (Gasiorowski & Holobinko, Red Bank, attorneys; Mr. Gasiorowski , on the brief).

John G. Hudak , Municipal Attorney, argued the cause for respondents City of Linden and Council of the City of Linden.

Daniel L. Schmutter argued the cause for respondent Linden Development, LLC ( Farer Fersko , attorneys; Mr. Schmutter and John H. Hague , on the brief).

Before Judges PARRILLO, ALVAREZ and SKILLMAN.

The opinion of the court was delivered by

PARRILLO, P.J.A.D.

At issue is the sufficiency of the published notice for a public hearing on the adoption of an ordinance and an amendatory ordinance that rezoned 47.5 acres of the former General Motors (GM) assembly plant property in Linden. Plaintiff, who operates a supermarket near the site where intervenor, Linden Development LLC, has proposed to build a Walmart and other stores, filed suit against the City of...

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