Sheston Oil Co., Inc. v. BOR. OF AVALON PLANNING BD.

214 N.J. Super. 593 (1987)

520 A.2d 802

SHESTON OIL COMPANY, INC., PLAINTIFF-RESPONDENT,

v.

BOROUGH OF AVALON PLANNING BOARD, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Argued December 10, 1986.

Decided January 12, 1987.

Before Judges FURMAN, SHEBELL and STERN.

Stewart F. Kay argued the cause for appellant (Kay & Kay, attorneys).

Dennis M. Coughlin argued the cause for respondent.

The opinion of the court was delivered by FURMAN, P.J.A.D.

Upon prerogative writ attack, the Law Division struck four conditions imposed by defendant planning board in granting plaintiff preliminary…