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DIMITROV v. CARLSON

138 N.J. Super. 52 (1975)

350 A.2d 246

KIRIL DIMITROV, INDIVIDUALLY, AND DIMITROV REAL ESTATE CORPORATION, A NEW JERSEY CORPORATION, PLAINTIFFS-RESPONDENTS, v. PETER H. CARLSON, JOHN P. HOGAN, DANIEL F. GRIFFIN, RAYMOND F. SHEA, PAUL A. HOWE, JOSEPH ANTENUCCI, FRANK LEE, "JOHN" MARKUSUN, (SAID FIRST NAME BEING UNKNOWN AND FICTITIOUS), CHAIRMAN AND MEMBERS OF THE PLANNING BOARD OF THE TOWNSHIP OF JACKSON, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 22, 1975.

Attorney(s) appearing for the Case

Mr. Charles F. Holder, Jr., attorney for appellants.

Messrs. Silverman & Silverman, attorneys for respondents (Mr. Ruben D. Silverman, of counsel and on the brief).

Before Judges HALPERN, CRAHAY and ACKERMAN.

PER CURIAM.

The planning board of Jackson Township appeals from the decision of the trial judge in a prerogative writ action instituted by respondents which reversed the action of the board in denying site plan approval.

The pertinent facts are as follows. In 1964 a use variance pursuant to N.J.S.A. 40:55-39(d) was granted to respondents to build 196 garden apartment units on the site in question. The variance itself provided no time limitation for...

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