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IN RE HARTZ/DAMASCUS BAKERY, INC.

DOCKET NO. A-5566-06T3.

960 A.2d 747 (2008)

404 N.J. Super. 49

In the Matter of HARTZ/DAMASCUS BAKERY, INC.

Superior Court of New Jersey, Appellate Division.

Decided November 14, 2008.

Attorney(s) appearing for the Case

John M. Johnson argued the cause for appellant Town of Secaucus (Johnson & Johnson, attorneys; Mr. Johnson, of counsel and on the brief).

Dennis A. Maycher, Wallington, argued the cause for appellant, intervenor Secaucus Board of Education (Law Offices of Dennis A. Maycher, P.C., attorneys; Mr. Maycher, of counsel and on the brief).

Christine Piatek, Deputy Attorney General, argued the cause for respondent, New Jersey Meadowlands Commission (Anne Milgram, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Ms. Piatek, on the brief).

Anthony J. Laura, Newark, argued the cause for respondent, Damascus Bakery, Inc. (Patton Boggs LLP, attorneys; Mr. Laura, of counsel and on the brief).

Respondent, Hartz Mountain Industries, has not filed a brief.

Before Judges PARRILLO, LIHOTZ and MESSANO.

The opinion of the court was delivered by

PARRILLO, J.A.D.

Appellant, the Town of Secaucus (Secaucus), appeals from the May 15, 2007 grant of a zoning certificate by respondent, the New Jersey Meadowlands Commission (Meadowlands Commission or Commission), allowing Damascus Bakery, Inc. (Damascus) to retrofit an existing building in an industrial zone in the Hackensack Meadowlands District (District) for use as a bakery.1 In seeking...

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