ADVANCE v. BRANCHBURG TP.

DOCKET NO. A-1840-12T2

78 A.3d 589 (2013)

433 N.J. Super. 247

ADVANCE AT BRANCHBURG II, LLC, Plaintiff-Appellant, v. TOWNSHIP of BRANCHBURG BOARD OF ADJUSTMENT, a municipal public entity of the State of New Jersey, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 1, 2013.


Attorney(s) appearing for the Case

Katharine A. Muscalino argued the cause for appellant (Porzio, Bromberg & Newman, P.C., attorneys; Peter J. Wolfson , of counsel; Ms. Muscalino, Morristown, on the briefs).

Peter E. Henry argued the cause for respondent (Dillon, Bitar & Luther, L.L.C., attorneys; Mr. Henry, Morristown, of counsel and on the brief).

Mark S. Anderson argued the cause for amicus curiae Township of Branchburg (Woolson Sutphen Anderson, P.C., attorneys; Mr. Anderson, Somerville, and Angela C. Vidal , Warren, on the brief).

Before Judges GRALL, WAUGH, and NUGENT.


The opinion of the court was delivered by

WAUGH, J.A.D.

Plaintiff Advance at Branchburg II, LLC (Advance), appeals the Law Division's November 13, 2012 order dismissing its action in lieu of prerogative writs against the Township of Branchburg Board of Adjustment (Board). We affirm.

I.

We discern the following facts and procedural history from the record on appeal.

Advance owns a 31.79-acre property in the Township's I-2 industrial...

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