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SUNRISE DEVELOPMENT, INC., PLAINTIFF-RESPONDENT, v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MADISON, DEFENDANT, AND BOROUGH OF MADISON, DEFENDANT-PETITIONER

Supreme Court of New Jersey1999-11-19
162 N.J. 483744 A.2d 1206

Authorities cited

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Opinion

majority opinion

It is ORDERED that the petition for certification is granted, and in light of the time of decision rule, the matter is summarily remanded to the Zoning Board of Adjustment to permit plaintiff to make application for a conditional use variance under revised Ordinance 14-97 within 45 days of the filing date of this Order. See, Coventry Square, Inc. v. Westwood Zoning Bd. of Adjustment, 138 N.J. 285, 292-298, 650 A.2d 340 (1994). Jurisdiction is not retained.