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MAHWAH REALTY v. TP. OF MAHWAH

Docket No. A-4360-11T4

63 A.3d 1217 (2013)

430 N.J. Super. 247

MAHWAH REALTY ASSOCIATES, INC., a New Jersey Corporation, and TSI Mahwah, Inc., Plaintiffs-Respondents, v. TOWNSHIP OF MAHWAH, a Municipal Corporation of the State of New Jersey and the Planning Board of the Township of Mahwah, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided April 15, 2013.

Attorney(s) appearing for the Case

Andrew T. Fede , Hackensack, argued the cause for appellants (Archer & Greiner, PC, attorneys; Mr. Fede , of counsel and on the brief).

Ira E. Weiner , argued the cause for respondents (Beattie Padovano, LLC, attorneys; Mr. Weiner and John J. Lamb , of counsel; Mr. Weiner and Daniel L. Steinhagen , Montvale, on the brief).

Before Judges FISHER, WAUGH and LEONE.

The opinion of the court was delivered by

FISHER, P.J.A.D.

In this appeal, we examine whether an ordinance that authorizes "health and wellness centers" and "fitness and health clubs" in two industrial zones changes the "classification" of those zones, thereby requiring compliance with the MLUL1 notice provisions contained in N.J.S.A. 40:55D-62.1, and, if so, whether that statute requires notice that includes identification...

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