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E & J EQUITIES v. BOARD OF ADJUST.

DOCKET NO. A-2432-12T3

100 A.3d 539 (2014)

437 N.J. Super. 490

E & J EQUITIES, LLC, a New Jersey limited liability company, Plaintiff-Respondent, v. BOARD OF ADJUSTMENT OF the TOWNSHIP OF FRANKLIN, Defendant-Respondent, and Township of Franklin, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 17, 2014.

Attorney(s) appearing for the Case

DeCotiis, FitzPatrick & Cole, LLP, attorneys for appellant ( Louis N. Rainone , of counsel; Jason D. Attwood and Victoria A. Flynn , Teaneck, on the briefs).

Francis P. Linnus Law Office, attorneys for respondent E & J Equities, LLC (Mr. Linnus , of counsel; Benjamin T. Wetzel , on the brief).

Respondent Board of Adjustment of the Township of Franklin has not filed a brief.

Before Judges FISHER, ESPINOSA and KOBLITZ.

The opinion of the court was delivered by

ESPINOSA, J.A.D.

Concerned that inconsistencies in its regulation of billboards exposed it to possible legal liability, defendant Township of Franklin (the Township) began a two-year process to adopt a new ordinance. During that deliberative process, the Planning Board (the Board) considered whether to permit digital multiple message billboards, receiving information from plaintiff E & J Equities (E & J) and...

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