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JAYBER, INC. v. MUNICIPAL COUNCIL

238 N.J. Super. 165 (1990)

569 A.2d 304

JAYBER, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. MUNICIPAL COUNCIL OF THE TOWNSHIP OF WEST ORANGE; TOWNSHIP OF WEST ORANGE, DEFENDANTS-RESPONDENTS, AND MR. AND MRS. JOHN BELEJACK, INTERVENORS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 2, 1990.

Attorney(s) appearing for the Case

Sheppard A. Guryan argued the cause for appellant (Lasser, Hochman, Marcus, Guryan and Kuskin, attorneys; Bruce H. Snyder, on the brief).

Matthew J. Scola argued the cause for respondents Municipal Council of the Township of West Orange and the Township of West Orange.

Griffith H. Jones and Irwin P. Burzynski argued the cause for respondents Mr. and Mrs. John Belejack (Scarpone & Edelson and Griffith H. Jones, attorneys; Griffith H. Jones, of counsel; Irwin P. Burzynski, on the brief).

Before Judges PRESSLER, LONG and LANDAU.

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

This is an action in lieu of prerogative writs. Plaintiff Jayber, Inc., a New Jersey corporation, owns and operates a 131-bed nursing home located on an approximately five-acre portion of a 13.3 acre tract it owns in West Orange. It sought a use variance from the West Orange Board of Adjustment permitting it to construct and operate a 120-unit senior citizen congregate care housing facility adjunctive to...

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