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ROUTE 15 ASSOCIATES v. JEFFERSON TP.

187 N.J. Super. 481 (1982)

455 A.2d 518

ROUTE 15 ASSOCIATES, A PARTNERSHIP MAINTAINING OFFICES AT 17 ACADEMY STREET, NEWARK, NEW JERSEY, PLAINTIFF-APPELLANT, v. TOWNSHIP OF JEFFERSON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 15, 1982.

Attorney(s) appearing for the Case

Edwin H. Stier argued the cause for appellant (Kirsten, Friedman & Cherin, attorneys; Phillip Lewis Paley on the brief).

Eugene P. Dolan argued the cause for respondent (Kenihan, Cohen & Kron, attorneys; James M. Kenihan on the brief).

Before Judges FRITZ, JOELSON and PETRELLA.

The opinion of the court was delivered by PETRELLA, J.A.D.

Plaintiff appeals from its unsuccessful challenge to the constitutionality of an amendment to a Jefferson Township (township) zoning ordinance in a suit in lieu of prerogative writs. Although plaintiff never presented any development plan before either the planning board or zoning board of the township, it contends that the rezoning of its property from commercial to residential use was arbitrary, unreasonable...

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