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WOODLAND CIVIC ASSN. v. BRICK HOMES, INC.

144 N.J. Super. 78 (1976)

364 A.2d 574

WOODLAND CIVIC ASSOCIATION, MALCOLM LAWLER, AND MARGARET LAWLER, HIS WIFE, AND ANTHONY ESPOSITO, PLAINTIFFS, v. BRICK HOMES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, TOWNSHIP OF CHERRY HILL, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF CHERRY HILL, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided August 23, 1976.

Attorney(s) appearing for the Case

Mr. Ralph J. Kmiec for plaintiff Woodland Civic Ass'n (Messrs. Kmiec & Palumbo, attorneys).

Mr. Lee M. Hymerling for defendant Brick Homes, Inc. (Messrs. Archer, Greiner & Reid, attorneys).

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

Mr. Raymond W. Uliase for defendant Township of Cherry Hill (Messrs. Uliase, Uliase & Greenblatt, attorneys).

TALBOTT, J.C.C., Temporarily Assigned.

This is a prerogative writ action brought by Woodland Civic Association, an association of taxpayers residing in the Township of Cherry Hill, to review the actions of the zoning board of adjustment (board) and the Township Council of Cherry Hill in granting a use variance to Brick Homes, Inc. (Brick) pursuant to N.J.S.A. 40:55-39(d).

This matter comes before the court on cross-motions for summary judgment. In the...

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