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TSI EAST BRUNSWICK v. ZONING BD.

A-124 September Term 2011, 070383

71 A.3d 762 (2013)

215 N.J. 26

TSI EAST BRUNSWICK, LLC, Plaintiff-Appellant, v. ZONING BOARD OF ADJUSTMENT OF TOWNSHIP OF EAST BRUNSWICK and New Vornado/Saddle Brook, LLC, Defendants-Respondents.

Supreme Court of New Jersey.

Decided July 23, 2013.

Attorney(s) appearing for the Case

John J. Lamb argued the cause for appellant (Beattie Padovano, attorneys; Mr. Lamb and Ira E. Weiner, of counsel; Mr. Lamb, Mr. Weiner, and Daniel L. Steinhagen, Montvale, on the briefs).

Kevin J. Moore, Princeton, argued the cause for respondent New Vornado/Saddle Brook, LLC (Sills Cummis & Gross, attorneys; Mr. Moore and Peter M. Flannery, Newark, on the brief).

James A. Tarella, North Brunswick, argued the cause for respondent Zoning Board of Adjustment of the Township of East Brunswick (Tarella & Liftman, attorneys).

Justice HOENS delivered the opinion of the Court.

In this appeal we address a single, precisely drawn question that arises only in the context of applications made pursuant to the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, for conditional use variances. That question is whether, in considering an application for a conditional use variance, N.J.S.A. 40:55D-70(d)(3), the applicant must prove the negative criteria, see N.J.S.A. 40...

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