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CITY OF SOUTH AMBOY v. GASSAWAY

195 N.J. Super. 239 (1984)

478 A.2d 1224

CITY OF SOUTH AMBOY, PLAINTIFF-APPELLANT, v. ROBERT J. GASSAWAY, T/A GASSAWAY ENTERPRISES, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 7, 1984.

Attorney(s) appearing for the Case

Convery, Convery & Shihar, attorneys for appellant.

Adams, DeNoia, Cassese & Papp, attorneys for respondent.

Before Judges BOTTER, PRESSLER and O'BRIEN.

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

The City of South Amboy (City) appeals from a judgment of the trial court which held that defendant's application for a use variance was deemed approved by the South Amboy Zoning Board of Adjustment (Board) by reason of the Board's failure to adopt a memorializing resolution of its denial of the variance application within 120 days after defendant first submitted a completed application to the Board. The trial...

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