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HARVARD ENT., INC. v. BD. OF ADJ. OF TP. OF MADISON

56 N.J. 362 (1970)

266 A.2d 588

HARVARD ENTERPRISES, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MADISON, COUNTY OF MIDDLESEX, DEFENDANT-RESPONDENT, TOWNSHIP OF MADISON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, INTERVENOR-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 6, 1970.

Attorney(s) appearing for the Case

Mr. David R. Simon argued the cause for appellant (Mr. Simon and Mr. George L. Seltzer, on the brief; Messrs. Simon & Allen, of counsel; Mr. Herbert B. Bierman, attorney).

Mr. Karl R. Meyertons argued the cause for respondent Board of Adjustment of the Township of Madison; Mr. Marc J. Gordon argued the cause for respondent Township of Madison (Mr. Meyertons, on the brief for respondents; Mr. Gordon, of counsel for respondents).

The opinion of the court was delivered by SCHETTINO, J.

Plaintiff filed a complaint in lieu of prerogative writ challenging (1) the constitutionality of Article XVI, paragraph 2E, of the Madison Township (Township) zoning ordinance, and (2) the denial by the Board of Adjustment (Board) of a special exception permit to construct a gas station. The Township intervened as a party defendant.

In an unreported opinion, the Law Division upheld the validity of both...

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