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LEON N. WEINER & ASSOCS., INC. v. ZONING BD. OF ADJUST. OF GLASSBORO

144 N.J. Super. 509 (1976)

366 A.2d 696

LEON N. WEINER & ASSOCIATES, INC. AND SPENCER C. OSSMAN, PLAINTIFFS-RESPONDENTS, AND THE HOUSING AUTHORITY OF THE BOROUGH OF GLASSBORO, PLAINTIFF-INTERVENOR-RESPONDENT, v. THE ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF GLASSBORO, AN AGENCY OF A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 1976.

Attorney(s) appearing for the Case

Mr. Albert J. Zamal argued the cause for defendant-appellant (Messrs. Hannold, Caulfield & Zamal, attorneys).

Mr. Edward A. Penberthy argued the cause for plaintiffs-respondents (Messrs. Brandt, Haughey, Penberthy & Lewis, attorneys).

Mr. Sidney R. Granite argued the cause for plaintiff-intervenor-respondent (Messrs. Granite and Granite, attorney).

Mr. Carl S. Bisgaier, Deputy Director of the Public Advocate's Office, Division of Public Interest, argued the cause for the Public Advocate, amicus curiae (Mr. Stanley C. Van Ness, Public Advocate, attorney).

Before Judges CARTON, KOLE and LARNER.

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

Plaintiff Leon N. Weiner & Associates, Inc. (Weiner) applied to the Zoning Board of Adjustment of Glassboro (board) for a section(d) variance (N.J.S.A. 40:55-39(d)) to permit the construction of a 40-unit housing development for senior citizens. The board held a plenary hearing, after which it denied the application. Plaintiff sought relief by an action in lieu of prerogative writs which culminated...

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