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WHITE CASTLE v. PLANNING BD.

244 N.J. Super. 688 (1990)

583 A.2d 406

WHITE CASTLE SYSTEMS, A FOREIGN CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PLANNING BOARD OF THE CITY OF CLIFTON, A BODY POLITIC OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 12, 1990.

Attorney(s) appearing for the Case

John D. Pogorelec, attorney for appellant (John D. Pogorelec on the brief).

Goldman, Carlet, Garrison & Klein, attorneys for respondent (Frank A. Carlet on the brief).

Before Judges GAULKIN, HAVEY and SKILLMAN.

The opinion of the Court was delivered by HAVEY, J.A.D.

Defendant Planning Board of the City of Clifton (Board) appeals from a judgment reversing its denial of plaintiff White Castle Systems' (White Castle) conditional use and site plan applications. The trial judge concluded that denial of the applications was factually unsupported, arbitrary, capricious and unreasonable.

On appeal, the Board's central point...

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