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WITT v. BOROUGH OF MAYWOOD

746 A.2d 73 (1998)

Dennis WITT and Lynn Witt, Individually and as members of Maywood Property Owners Association, Plaintiffs, v. BOROUGH OF MAYWOOD, Defendant. Dennis Witt, Individually and Maywood Property Owners Association, an unincorporated association consisting of resident property owners of Maywood, Plaintiffs, v. Maywood Planning Board and, Independence Bank of New Jersey, Defendants. Dennis Witt and Lynn Witt, Plaintiffs, v. Borough of Maywood, Defendant.

Superior Court of New Jersey, Law Division, Bergen County.

Decided June 30, 1998.

Attorney(s) appearing for the Case

James V. Segreto, Haledon, for plaintiffs (Segreto & Segreto, attorneys; Mr. Segreto, on the brief).

William F. Rupp, Hackensack, for defendant Borough of Maywood (Rupp & Ten Hoeve, attorneys; Mr. Rupp, on the brief).

James A. Farber, Teaneck, for defendant Commerce Bank, formerly known as Independence Bank of New Jersey (DeCotiis, Fitzpatrick & Gluck, attorneys; Mr. Farber, on the brief).

Thomas W. Randall, Hillsdale, for defendant Borough of Maywood Planning Board (Randall, Randall & Stevens, attorneys; Mr. Randall, on the brief).

The opinion of the court was delivered by JONATHAN N. HARRIS, J.S.C.

BACKGROUND

These three consolidated proceedings in lieu of prerogative writs comprise separate, but related, chapters in the saga of the Borough of Maywood's (Maywood) attempt to redevelop and expand a critical portal to its central business district. Commerce Bank (Commerce)(formerly known as Independence Bank of New Jersey) sought permission...

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