STOP & SHOP v. COUNTY OF BERGEN

Docket Nos. A-2134-14T1, A-4630-14T1.

162 A.3d 291 (2017)

450 N.J.Super. 286

The STOP & SHOP SUPERMARKET COMPANY, LLC, Plaintiff-Appellant/Cross-Respondent, v. The COUNTY OF BERGEN; the Bergen County Planning Board; and the County of Bergen Department of Planning and Economic Development, Defendants-Respondents/Cross-Appellants. The Stop & Shop Supermarket Company, LLC, Plaintiff-Appellant, v. The Bergen County Board of Chosen Freeholders, the Bergen County Planning Board, and Inserra Supermarkets, Inc., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 6, 2017.


Attorney(s) appearing for the Case

John R. Edwards, Jr. argued the cause for appellant (Price, Meese, Shulman & D'Arminio, P.C., attorneys; Mr. Edwards, Gail L. Price , Kathryn J. Razin , and David J. Reich , on the briefs).

Frank P. Kapusinski , Assistant Bergen County Counsel, argued the cause for respondents the County of Bergen, the Bergen County Planning Board, and the County of Bergen Department of Planning and Economic Development ( Julien X. Neals , County Counsel, attorney; Mr. Kapusinski, of counsel and on the briefs).

Edward J. Florio argued the cause for respondent the Bergen County Board of Chosen Freeholders (Florio, Kenny, Raval, L.L.P., attorneys; Mr. Florio, of counsel and on the brief; Paul Samouilidis , on the brief).

John J. Lamb argued the cause for respondent Inserra Supermarkets, Inc. (Beattie Padovano, LLC, and Wells Jaworski Liebman, LLP, attorneys; Mr. Lamb, Ira E. Weiner , and James E. Jaworski , of counsel and on the brief; Daniel L. Steinhagen , on the brief).

Before Judges Ostrer, Leone, and Vernoia.


The opinion of the court was delivered by

Plaintiff the Stop & Shop Supermarket Company, LLC (Stop & Shop) opposed the site plan application of defendant Inserra Supermarkets, Inc. (Inserra) for the construction of a ShopRite supermarket along a county road. Stop & Shop objected to the application before defendant...

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