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VALUE OIL COMPANY v. TOWN OF IRVINGTON

164 N.J. Super. 419 (1978)

396 A.2d 1149

VALUE OIL COMPANY, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. TOWN OF IRVINGTON, A MUNICIPAL CORPORATION AND THE ZONING BOARD OF ADJUSTMENT OF THE TOWN OF IRVINGTON, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 22, 1978.

Attorney(s) appearing for the Case

Mr. Howard I. Waxman argued the cause for appellant Zoning Board of Adjustment of the Town of Irvington.

Mr. Richard A. Fazzari argued the cause for respondent (Mr. Arthur W. Burgess, attorney).

Before Judges FRITZ, BISCHOFF and MORGAN.

PER CURIAM.

In the opinion of the trial judge in these consolidated appeals by the municipality and the zoning board of adjustment from his reversal of the denial by the zoning board of a special exception use (a "conditional use" under the new Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., 40:55D-65(f)), he carefully distinguishes between such a use and a variance. 152 N.J.Super. 354, 363 (Law Div. 1977...

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