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

ORDERED that 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 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.