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SCERBO v. BD. OF ADJUSTMENT OF CITY OF ORANGE

121 N.J. Super. 378 (1972)

297 A.2d 207

ITALO D. SCERBO; EVA M. VANDERHOOF; MARY T. McKENNA; MARGARET T. COLLINS; AND JOSEPH J. BRENNAN, PLAINTIFFS, v. BOARD OF ADJUSTMENT OF THE CITY OF ORANGE; GEORGE MILES; KEVIN DONNELLY; CARL ZAZZARO; WILLIAM CASSINI; AND OLIVER SWENSON, AS MEMBERS OF THE BOARD OF ADJUSTMENT OF THE CITY OF ORANGE, CITY OF ORANGE, A MUNICIPAL CORPORATION, AND D.A.R.E., INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 30, 1972.

Attorney(s) appearing for the Case

Mr. Thomas Grant Bernard appeared for plaintiffs (Messrs. Bernard, Netchert & Silverlieb, attorneys).

Mr. Alfonso C. Viscione appeared for defendants Board of Adjustment of the City of Orange, George Miles; Kevin Donnelly; Carl Zazzaro; William Cassini and Oliver Swenson, as members of the Board of Adjustment.

Mr. Barry R. Mandelbaum appeared for defendant D.A.R.E., Inc. (Messrs. Mandelbaum, Mandelbaum & Gold, attorneys).

MILMED, J.S.C.

Is a residential narcotic rehabilitation and treatment center which is governed by the provisions of L. 1970, c. 334 (N.J.S.A. 26:2G-21 et seq.) a "hospital," qualified as an "institutional" use under the terms of the local zoning ordinance? Did the local zoning board have jurisdiction to grant a variance where the notice to neighboring property owners under N.J.S.A.

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