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PERLMUTTER v. TOWNSHIP OF TOMS RIVER PLANNING BOARD

Nos. A-2814-11T4, A-2958-12T4, A-5958-12T4.

MICHAEL PERLMUTTER, Plaintiff-Appellant, v. TOWNSHIP OF TOMS RIVER PLANNING BOARD and JAYLIN HOLDINGS, LLC, Defendants-Respondents. MICHAEL PERLMUTTER, Plaintiff-Appellant, v. TOWNSHIP COUNCIL OF THE TOWNSHIP OF MANCHESTER, TOWNSHIP OF MANCHESTER, TOWNSHIP OF MANCHESTER PLANNING BOARD, JAYLIN HOLDINGS, LLC and ESTATE OF JEAN T. VARELLI, Defendants-Respondents. MICHAEL PERLMUTTER, Plaintiff-Appellant, v. TOWNSHIP OF TOMS RIVER ZONING BOARD OF ADJUSTMENT, Defendant-Respondent, and JAYLIN HOLDINGS, LLC, Defendant/Intervenor-Respondent. MICHAEL PERLMUTTER, Plaintiff-Appellant, v. JAYLIN HOLDINGS, LLC; TOWNSHIP OF TOMS RIVER PLANNNG BOARD; and TOWNSHIP OF MANCHESTER PLANNING BOARD, Defendants-Respondents. JAYLIN HOLDINGS, LLC, Plaintiff-Respondent, v. MICHAEL PERLMUTTER, Defendant-Appellant, and MANCHESTER TOWNSHIP ZONING BOARD OF ADJUSTMENT, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 3, 2014.

Attorney(s) appearing for the Case

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

Thomas G. Gannon argued the cause for respondent Township of Toms River Planning Board (Hiering, Gannon & McKenna, attorneys; Mr. Gannon, on the brief).

Robert C. Shea argued the cause for respondents Jaylin Holdings, LLC and The Estate of Jean T. Varelli (R.C. Shea & Associates, attorneys; Mr. Shea of counsel and on the brief; Dina M. Vicari , on the brief).

Steven Secare argued the cause for respondent Township Council of the Township of Manchester and the Township of Manchester (Secare and Hensel, attorneys; Mr. Secare and Harold N. Hensel , on the brief).

Edward F. Liston, Jr. , argued the cause for respondent Township of Manchester Planning Board.

Kim A. Pascarella argued the cause for respondent Township of Toms River Zoning Board of Adjustment.

Respondent Manchester Township Zoning Board of Adjustment has not filed a brief.

Before Judges Parrillo, Harris, and Guadagno.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

PER CURIAM.

These three back-to-back appeals, which we consolidate for purposes of this opinion, involve part of respondent Jaylin Holdings LLC's ten-year-long odyssey to develop land in Toms River Township and Manchester Township for a shopping center anchored by a Walmart Supercenter and Garden Center.1 We affirm in part, reverse in part, and dismiss in part...

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