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NIGITO v. BOROUGH OF CLOSTER

142 N.J. Super. 1 (1976)

359 A.2d 521

PAUL NIGITO AND WILLIAM KOESTNER, PLAINTIFFS-RESPONDENTS, v. BOROUGH OF CLOSTER, DEFENDANT-APPELLANT, AND THE BOARD OF ADJUSTMENT OF THE BOROUGH OF CLOSTER, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided June 2, 1976.

Attorney(s) appearing for the Case

Mr. Anthony D. Andora argued the cause for appellant (Messrs. Andora, Palmisano & DeCottis, attorneys).

Mr. Leopold A. Monaco argued the cause for respondents (Messrs. Monaco and Oratio, attorneys).

Before Judges MATTHEWS, LORA and MORGAN.

PER CURIAM.

The trial court reversed defendant-municipality's denial of a special use variance to construct 184 garden apartment units1 for those families possessing moderate income capabilities, and the municipality appeals. The board of adjustment's recommendation that the variance be granted was rejected by the governing body on grounds, among others, that special reasons therefor had not been shown, that the population influx attendant...

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