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HOWLAND v. BOROUGH OF FREEHOLD

143 N.J. Super. 484 (1976)

363 A.2d 913

JESSE A. HOWLAND & SONS, INC., T/A ALLIED TRANSIT MIX, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. THE BOROUGH OF FREEHOLD, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT, AND CHARLES NOVOTNY, BUILDING INSPECTOR OF THE BOROUGH OF FREEHOLD; AND THE BOARD OF ADJUSTMENT OF THE BOROUGH OF FREEHOLD, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 11, 1976.

Attorney(s) appearing for the Case

Mr. Richard T. O'Connor argued the cause for appellant (Messrs. Cerrato, O'Connor, Mehr & Saker, attorneys).

Mr. Ronald Berman argued the cause for respondent (Messrs. Warren, Goldberg & Berman, attorneys).

Before Judges FRITZ, SEIDMAN and MILMED.

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

This appeal by the Borough of Freehold from an adverse judgment following an action in lieu of prerogative writs in a zoning matter necessitates further consideration of our determination in Hill v. Eatontown Bd. of Adj., 122 N.J.Super. 156 (App. Div. 1972). A searching look at Hill is required because...

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