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CATALPA INV. GROUP v. FRANKLIN TP.

254 N.J. Super. 270 (1991)

603 A.2d 178

CATALPA INVESTMENT GROUP, INC., PLAINTIFF, v. FRANKLIN TOWNSHIP ZONING BOARD OF ADJUSTMENT AND TOWNSHIP COUNCIL OF THE TOWNSHIP OF FRANKLIN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division Somerset County.

Decided November 22, 1991.

Attorney(s) appearing for the Case

Frederick C. Mezey for plaintiff (Mezey, Mezey & Cohen, attorneys).

Joseph Fisch for defendant Franklin Towns Board of Adjustment.

ARNOLD, P.J.Cv.

What is the scope of pretrial discovery in an action in lieu of prerogative writs challenging the denial of a use variance? In this action, plaintiff seeks to depose the members of the Franklin Township Board of Adjustment (board). In addition, plaintiff has served a notice to produce various documents and propounded 17 interrogatories on the board. The board now seeks a protective order, pursuant to R. 4:10-3, directing that "plaintiff cease...

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