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21ST CENTURY v. D'ALESSANDRO

257 N.J. Super. 320 (1992)

608 A.2d 438

21ST CENTURY AMUSEMENTS, INC., A NEW JERSEY CORPORATION, RESPONDENT-PLAINTIFF, v. LOUIS D'ALESSANDRO, CONSTRUCTION OFFICIAL OF UNION CITY AND UNION CITY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, APPELLANTS-DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 1992.

Attorney(s) appearing for the Case

Sheri K. Siegelbaum argued the cause for appellants (Scarinci & Hollenbeck, attorneys, Sheri K. Siegelbaum on the brief).

James V. Segreto argued the cause for respondent (Segreto & Segreto, attorneys, James V. Segreto of counsel and on the brief).

Before Judges PETRELLA and KESTIN.

The opinion of the court was delivered by KESTIN, J.S.C., t/a

The plaintiff applied for a certificate of occupancy for a commercial use, specifically an amusement facility for video games and billiards. Union City's construction official determined that the proposed use was not permitted by the zoning ordinance and he declined to issue a certificate of occupancy. Without availing itself of its right to apply to the...

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