SHESTON OIL CO., INC. v. BOR. OF AVALON PLANNING BD.


214 N.J. Super. 593 (1987)

520 A.2d 802

SHESTON OIL COMPANY, INC., PLAINTIFF-RESPONDENT, v. BOROUGH OF AVALON PLANNING BOARD, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 12, 1987.


Attorney(s) appearing for the Case

Stewart F. Kay argued the cause for appellant (Kay & Kay, attorneys).

Dennis M. Coughlin argued the cause for respondent.

Before Judges FURMAN, SHEBELL and STERN.


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

Upon prerogative writ attack, the Law Division struck four conditions imposed by defendant planning board in granting plaintiff preliminary site plan approval for a convenience food market, which is a conforming use, at the intersection of Dune Drive, a main business street, and 31st Street, a side street, in the Borough of Avalon. The trial court also awarded counsel fees and costs of $2,005.14 against defendant...

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