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Tuesday, July 19, 2011

SHAKOOR SUPERMARKETS VS. OLD BRIDGE TOWNSHIP PLANNING BOARD A-3765-09T3 06-13-11

06-13-11 SHAKOOR SUPERMARKETS, INC. VS. OLD BRIDGE TOWNSHIP PLANNING BOARD, ET AL.

A-3765-09T3 In this case, we review the sufficiency of a public notice for an application for preliminary and final site plan approval. In Perlmart of Lacey, Inc. v. Lacey Twp. Planning Bd., 295 N.J. Super. 234, 237 (App. Div. 1996), the public notice was challenged because it failed to inform the public that the commercial lots planned for a commercial zone were to be used as "a conditional use K-Mart shopping center," and was found insufficient. This case presents the question whether public notice of an application for site plan approval that included the construction of "a main retail store of 150,000 [square feet]" was legally insufficient because the application failed to identify the store as a Walmart. We conclude that the notice was sufficient.