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KARAS v. BOARD OF ADJUSTMENT OF CLOSTER

155 N.J. Super. 39 (1977)

382 A.2d 96

STEVEN J. KARAS AND EDWARD ZUCCHI, PLAINTIFFS, v. THE BOARD OF ADJUSTMENT OF THE BOROUGH OF CLOSTER, THE MAYOR & COUNCIL OF THE BOROUGH OF CLOSTER AND JOSEPH ACCORDINO, CONSTRUCTION OFFICIAL OF THE BOROUGH OF CLOSTER, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 20, 1977.

Attorney(s) appearing for the Case

Mr. Mitchell S. Camp for plaintiffs.

Mr. Edwin C. Eastwood, Jr., for defendant, Board of Adjustment of Borough of Closter.

Mr. Jonathan N. Harris, for defendants Mayor and Council of Closter and Joseph Accordino, Construction Official of Closter (Messrs. Andora, Palmisano & DeCotiis, attorneys).

CASSIDY, J.J.D.R.C., Temporarily Assigned.

This action involves a novel question of statutory interpretation of N.J.S.A. 40:55D-17 of the new Municipal Land Use Act.

The facts indicate that plaintiffs had made application to defendant board of adjustment for a use variance, and such application was denied. Plaintiffs then filed a notice of appeal to the governing body of the borough, seeking a review...

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