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SANDER v. PLANNING BD. OF TP. OF WARREN

140 N.J. Super. 386 (1976)

356 A.2d 411

NORMAN SANDER, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. PLANNING BOARD OF THE TOWNSHIP OF WARREN, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 17, 1976.

Attorney(s) appearing for the Case

Mr. Salvador Diana, attorney for appellant and cross-respondent.

Messrs. McDonough, Murray & Korn, attorneys for respondent and cross-appellant (Mr. Joseph E. Murray on the brief).

Before Judges FRITZ, SEIDMAN and MILMED.

The opinion of the court was delivered by SEIDMAN, J.A.D.

Plaintiff, the owner of residential premises in Warren Township, installed a 100-foot-high radio tower in his back yard without first having obtained a building permit. Following a municipal court proceeding resulting therefrom, in which plaintiff pleaded guilty to a charge of violating the pertinent local ordinance, plaintiff applied for a building permit. It was denied on the ground that the radio tower was...

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