Donadio v. Cunningham

The opinion of the Court was delivered by

Hall, J.

This appeal devolves from a complex litigation arising out of the issuance of site plan approval and a building permit by the authorities of the Town of West Orange for the erection of a limited menu, fast service restaurant by intervenor McDonald’s Corporation (McDonald) on lands leased by it from defendant Yogel in a commercial zone on Northfield Avenue in that municipality. Plaintiffs, neighboring residents, attacked the municipal action, claiming that fatal procedural irregularities vitiated the approval and permit and that a zoning…