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YM-YWHA OF BERGEN CTY. v. WASHINGTON TP.

192 N.J. Super. 340 (1983)

470 A.2d 11

YM-YWHA OF BERGEN CTY., PLAINTIFF-RESPONDENT, v. TP. OF WASHINGTON, COUNCIL OF THE TP. OF WASHINGTON, RUDOLPH J. WENZEL, MAYOR, PLANNING BOARD, PETER BRIC SILVIA, ZONING OFFICER, PATRICK MORRONE, CONSTRUCTION OFFICIAL IN TP. OF WASHINGTON IN CTY. OF BERGEN, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 16, 1983.

Attorney(s) appearing for the Case

Avrom J. Gold argued the cause for appellants (Mandelbaum, Salsburg, Gold & Lazris, attorneys; Barry R. Mandelbaum, on the brief).

Elliot W. Urdang argued the cause for respondent (Urdang & Ramp, attorneys).

Before Judges MICHELS, KING and EDWARD GAULKIN.

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

Defendants appeal from an order of the Law Division compelling issuance of soil removal and partial building permits. The matter was treated in a summary fashion. See R. 4:67. For reasons to be explicated, we conclude that a remand for a plenary hearing is required on these issues: (1) whether plaintiff materially and substantially complied with the conditions attached to the final site-plan approval within...

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