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CHIRICHELLO v. ZONING BOARD, BOROUGH OF MONMOUTH BEACH

78 N.J. 544 (1979)

397 A.2d 646

JOSEPHINE CHIRICHELLO, PLAINTIFF-APPELLANT, v. ZONING BOARD OF ADJUSTMENT OF BOROUGH OF MONMOUTH BEACH, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 22, 1979.

Attorney(s) appearing for the Case

Mr. Milton M. Breitman argued the cause for appellant (Messrs. Levy, Schlesinger and Breitman, attorneys).

Mr. William G. Bassler argued the cause for respondent (Messrs. Labrecque, Parsons and Bassler, attorneys).

The opinion of the court was delivered by SCHREIBER, J.

At issue in this case is the propriety of denying a variance from area requirements in a zoning ordinance where the property owner proposes to comply with the ordinance's use restrictions. The proceedings were initiated when plaintiff Josephine Chirichello filed a complaint in lieu of prerogative writ to review the correctness of the denial by the Board of Adjustment of the Borough of Monmouth Beach of her application...

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