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PREAKNESS HILL, INC. v. WAYNE TP. COUNCIL

221 N.J. Super. 175 (1987)

534 A.2d 58

PREAKNESS HILL, INC., PLAINTIFF-APPELLANT, v. THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WAYNE, AND THE TOWNSHIP OF WAYNE, IN THE COUNTY OF PASSAIC AND STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 19, 1987.

Attorney(s) appearing for the Case

Gavenda, Rubin & Connelly, attorneys for appellant (A. Michael Rubin, on the brief).

Anthony Fiorello, attorney for respondents (Holly C. Stern, on the brief).

Before Judges MICHELS, SHEBELL and A.M. STEIN.

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

Appellant Preakness Hill, Inc. was granted a "special reasons" use variance by the Wayne Township Board of Adjustment to construct cluster housing on a 4.4 acre site. On appeal by a neighboring property owner, the respondent township council held a de novo hearing based on the record below and voted 4 "yes," 3 "no," 2 absent, on a resolution to reverse the board of adjustment action. Thereafter applicant...

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