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SAADALA v. E. BRUNSWICK ZONING BD.

No. A-4999-08T1

991 A.2d 866 (2010)

412 N.J. Super. 541

Mena SAADALA, Plaintiff-Appellant, v. EAST BRUNSWICK ZONING BOARD OF ADJUSTMENT and 7-Eleven, Inc., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 2010.

Attorney(s) appearing for the Case

Edward F. Liston, Jr., Toms River, argued the cause for appellant.

James A. Tarella, North Brunswick, argued the cause for respondent East Brunswick Zoning Board of Adjustment (Tarella & Liftman, attorneys; Mr. Tarella, of counsel and on the brief).

Peter H. Klouser, Millstone Township, argued the cause for respondent 7-Eleven, Inc. (Heilbrunn, Pape & Goldstein, attorneys; Kenneth L. Pape, of counsel; Jeffrey Zajac, on the brief).

Before Judges SKILLMAN, FUENTES and GILROY.

The opinion of the court was delivered by SKILLMAN, P.J.A.D.

This appeal requires us to determine whether an application for a use variance for establishment of a combined convenience store and retail gasoline station, to replace two separate nonconforming uses for a convenience store and gasoline station, constitutes an expansion of a nonconforming use, which is subject to the more liberal standards for a use variance set forth in Burbridge v. Township of Mine...

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