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BERGEN ACTION GROUP v. BERGEN TP. PLANNING BD.

235 N.J. Super. 597 (1989)

563 A.2d 878

NORTH BERGEN ACTION GROUP, HOWARD BARMAD AND DAVID KRONICK, PLAINTIFFS-RESPONDENTS, v. NORTH BERGEN TOWNSHIP PLANNING BOARD, DEFENDANTS-RESPONDENTS. JOSEPH PARISI, PLAINTIFF-RESPONDENT, v. ROC HARBOUR CORP., DEFENDANT-APPELLANT, INTERVENOR, v. TOWNSHIP OF NORTH BERGEN PLANNING BOARD, ASSET MANAGEMENT CORP. AND HUDSON PLAZA, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 31, 1989.

Attorney(s) appearing for the Case

Alfred A. Porro, Jr. argued the cause for appellant Roc Harbour Corporation (Porro and Porro attorneys; Alfred A. Porro, on the brief).

Bruce D. Greenberg argued the cause for respondents North Bergen Action Group, Howard Barmad and David Kronick (Greenbaum, Rowe, Smith, Ravin, Davis & Bergstein attorneys; Douglas K. Wolfson, of counsel; Bruce D. Greenberg and Drew M. Hurley, on the brief).

Gittleman, Muhlstock, Meyers, Gundersen & Chewcaskie attorneys for respondent Joseph Parisi (Steven Muhlstock, on the brief).

No brief was filed on behalf of the North Bergen Planning Board.

Before Judges KING, BRODY and ASHBEY.

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

This land-use appeal concerns the site-plan review jurisdiction of the planning board over an application for a height variance to build highrise apartments. It was calendared before us at the same time as Commercial Realty v. First Atlantic Properties (# A-4081-87T), 235 N.J.Super. 577 (App.Div. 1989), in which we outlined applicable standards for determining...

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