SHIELDS v. BD. OF ADJUSTMENT TP. OF MANSFIELD


133 N.J. Super. 418 (1975)

337 A.2d 54

ELIZABETH B. SHIELDS, PLAINTIFF-APPELLANT, v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MANSFIELD; TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MANSFIELD, COUNTY OF WARREN; PENWELL RACQUET CLUB, INC., A NEW JERSEY CORPORATION; EDWARD FABER AND RAYMOND MALEJKO, INDIVIDUALLY AND TRADING AS PENWELL RACQUET CLUB, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 14, 1975.


Attorney(s) appearing for the Case

Mr. Francis P. Sutton argued the cause for appellant.

Mr. William R. Edleston argued the cause for respondent Board of Adjustment of Mansfield Township (Mr. Harry K. Seybolt, attorney).

Mr. Joseph R. Valentino argued the cause for respondent Mansfield Township Committee.

Mr. Thomas E. Stover argued the cause for respondents Edward Faber and Raymond Malejko, individually and trading as Penwell Racquet Club.

Before Judges CARTON, CRANE and KOLE.


PER CURIAM.

The only issue which need concern us on this appeal is whether the board of adjustment and township committee properly held that the recreational use of the premises here in question constituted a special reason for the grant of a variance under N.J.S.A. 40:55-39(d). The trial judge held that it did and affirmed the municipal action. We hold to the contrary and hence reverse. We so hold, mindful...

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