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FOBE ASSOCIATES v. MAYOR AND COUNCIL OF DEMAREST

74 N.J. 519 (1977)

379 A.2d 31

FOBE ASSOCIATES, A PARTNERSHIP, PLAINTIFF-APPELLANT, v. THE MAYOR AND COUNCIL AND THE BOARD OF ADJUSTMENT OF THE BOROUGH OF DEMAREST, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 23, 1977.

Attorney(s) appearing for the Case

Mr. Elliot W. Urdang argued the cause for appellant (Messrs. Dorfman & Urdang, attorneys).

Mr. Marvin Olick argued the cause for respondents (Messrs. Gruen, Sorkow & Sorkow, attorneys).

The opinion of the Court was delivered by CONFORD, P.J.A.D., Temporarily Assigned.

Plaintiff, a developer, was unsuccessful in the Law Division in seeking adjudications that (a) the denial by the Demarest Borough board of adjustment of a recommendation of a "d." variance (N.J.S.A. 40:55-39 d.) for erection of a garden apartment house in a restricted single-family residence district was illegal as arbitrary and unreasonable; and (b) that the zoning ordinance...

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