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DEVITO v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN

No. A-1416-09T1.

JOSEPH DEVITO, Plaintiff-Respondent, v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 9, 2010.

Attorney(s) appearing for the Case

Gregory W. Vella argued the cause for appellant (Collins, Vella & Casello, attorneys; Mr. Vella , of counsel; Matthew K. Kalwinsky , on the brief).

Larry S. Loigman argued the cause for respondent.

Before Judges Rodríguez and LeWinn.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

PER CURIAM

The Zoning Board of Adjustment of the Township of Middletown (Board) appeals from the judgment in favor of Joseph DeVito, setting aside the Board's denial of DeVito's application for a variance. We reverse.

DeVito is the owner of a single-family dwelling in Middletown. The property is triangular in shape and about one hundred feet by sixty feet, fronting on both Oregon and...

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