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SCHOFIELD v. ZONING BOARD OF ADJ. TP. OF DENNIS

169 N.J. Super. 150 (1979)

404 A.2d 357

JOHN SCHOFIELD AND DORIS SCHOFIELD, PLAINTIFFS-APPELLANTS, v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF DENNIS, HERBERT SIMMERMAN AND NANCY SIMMERMAN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 25, 1979.

Attorney(s) appearing for the Case

Mr. Bernard Paul Sypniewski argued the cause for appellants.

Mr. W.M. Balliette, Jr. argued the cause for respondent Zoning Board of Adjustment of the Township of Dennis.

Mr. Michael E. Benson argued the cause for respondents Herbert Simmerman and Nancy Simmerman (Messrs. Tuso, Gruccio, Pepper, Buonadonna, Giovinazzi & Butler, attorneys).

Before Judges CONFORD, PRESSLER and KING.

The opinion of the court was delivered by CONFORD, P.J.A.D. (retired and temporarily assigned).

The principal issue on this appeal is whether the conduct of a day-care center for from 12 to 18 children in a residence constitutes a "home occupation" within the provisions of a zoning ordinance permitting such use in a zone restricted primarily to one and two-family dwellings. We conclude the use does not meet the language of the ordinance exception.

In the summer...

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