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TOBIN v. PAPARONE CONST. CO.

137 N.J. Super. 518 (1975)

349 A.2d 574

LEO I. TOBIN AND MYRA TOBIN, PLAINTIFFS, v. PAPARONE CONSTRUCTION CO., A NEW JERSEY CORPORATION; LAWRENCE SHEFTER AND FRIEDA SHEFTER, HIS WIFE; ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF CHERRY HILL; AND MAYOR AND COUNCIL OF THE TOWNSHIP OF CHERRY HILL, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 20, 1975.

Attorney(s) appearing for the Case

Mr. Saul Teitelman for plaintiff.

Mr. Edwin F. Saltzberg for defendant Paparone Construction Company (Mr. Lewis Katz, attorney).

Mr. Lee B. Laskin for defendant Zoning Board of Adjustment of the Township of Cherry Hill.

Mr. Richard S. Hyland for defendants, Lawrence and Frieda Shefter (Messrs. Hyland, Davis & Reberkenny, attorneys).

Mr. Ralph J. Kmiec for defendant Mayor and Council of Township of Cherry Hill (Messrs. Kmiec and Palumbo, attorneys).

KING, J.S.C.

This case was initially brought in the Chancery Division but an amended count converted the complaint in part to one in lieu of prerogative writs to review the action of the township zoning board of adjustment. The entire matter was then transferred to the Law Division.

Plaintiffs Leo Tobin and his wife (Tobin) seek equitable and legal relief from defendants, each of whom they allege are responsible for the construction and presence of a tennis...

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