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MONTGOMERY ASSOCIATES v. TP. OF MONTGOMERY

149 N.J. Super. 536 (1977)

374 A.2d 86

MONTGOMERY ASSOCIATES, PLAINTIFF, v. TOWNSHIP OF MONTGOMERY, IN THE COUNTY OF SOMERSET IN THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided March 1, 1977.

Attorney(s) appearing for the Case

Mr. Gordon C. Strauss, attorney for plaintiff.

Mr. Henry A. Hill, Jr., for defendant (Messrs. Mason, Griffin and Pierson, attorneys).

MEREDITH, J.S.C.

Plaintiff Montgomery Associates seeks to build an apartment complex in Montgomery Township on property in an R-1 zone (single-family residential). It applied for and was denied a variance by the board of adjustment. This proceeding in lieu of prerogative writs challenging that decision was then instituted. It was a two-count complaint attacking both the denial of the variance and the underlying zoning ordinance. The denial of the variance was upheld...

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