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BRUNETTI v. MAYOR, COUN., TP. OF MADISON

130 N.J. Super. 164 (1974)

325 A.2d 851

JOHN J. BRUNETTI, PLAINTIFF, v. MAYOR AND COUNCIL OF THE TOWNSHIP OF MADISON AND PLANNING BOARD OF THE TOWNSHIP OF MADISON, DEFENDANTS.

Superior Court of New Jersey, Law Division.

August 27, 1974.

Attorney(s) appearing for the Case

Mr. Harold G. Smith for plaintiff (Messrs. Wilentz, Goldsmith & Spitzer, attorneys; Mr. John A. Hoffman on the brief).

Mr. Richard F. Plechner for defendants Mayor and Council of the Township of Madison.

Mr. Thomas Norman for defendant Planning Board of the Township of Madison.

FURMAN, J.S.C.

Plaintiff moves for summary judgment in litigation challenging the denial of his application for a zoning variance. The Madison Township zoning ordinance of 1970 and the amended zoning ordinance of 1973 were struck down as unconstitutional in Oakwood at Madison, Inc. v. Madison Tp., 117 N.J.Super. 11 (Law Div. 1971), certif. granted 62 N.J. 185 (1972), on remand

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