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PRICE v. HIMEJI, LLC

A-46 September Term 2011, 068971

69 A.3d 575 (2013)

214 N.J. 263

Larry PRICE, Plaintiff-Appellant, v. HIMEJI, LLC, Defendant-Respondent, and Union City Zoning Board of Adjustment, Defendant-Respondent.

Supreme Court of New Jersey.

Decided June 25, 2013.

Attorney(s) appearing for the Case

Larry Price argued the cause pro se.

Alain Mulkay argued the cause for respondent Himeji, LLC (Mulkay & Rendo, attorneys).

Brian M. Chewcaskie, Fort Lee, argued the cause for respondent Union City Zoning Board of Adjustment (Gittleman Muhlstock & Chewcaskie and Timothy P. Downs, attorneys; Ulysses Isa, on the brief).

Justice HOENS delivered the opinion of the Court.

This appeal requires the Court to consider two issues relating to applications for zoning variances pursuant to the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163.

The principal question raised in this appeal is whether an application for a use variance, see N.J.S.A. 40:55D-70(d)(1), based on the assertion that the site is "particularly suitable for the proposed use," see Medici v...

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