McVOY v. BOARD OF ADJUSTMENT OF MONTCLAIR TP.


213 N.J. Super. 109 (1986)

516 A.2d 634

CULLEN S. MCVOY AND PATTERSON SMITH, PLAINTIFFS-APPELLANTS, v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MONTCLAIR AND ST. LUKE'S EPISCOPAL CHURCH, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 16, 1986.


Attorney(s) appearing for the Case

Cullen S. McVoy, appellant, argued the cause pro se.

Patterson Smith, appellant, appeared pro se.

Robert M. LePore argued the cause for respondent Board of Adjustment of the Township of Montclair (O'Donnell, Kennedy, Vespole & Piechta, attorneys; John C. Kennedy, of counsel; Robert M. LePore, on the brief).

Grant M. Gille argued the cause for respondent St. Luke's Episcopal Church (Ferguson, Young, Gille & Romaine, attorneys; Grant M. Gille, of counsel; John P. Gillespie, on the brief).

Before Judges BRODY, LONG and D'ANNUNZIO.


The opinion of the court was delivered by BRODY, J.A.D.

This is an action in lieu of prerogative writs in which the Law Division sustained a use variance granted to defendant St. Luke's Episcopal Church (the Church) by defendant Board of Adjustment of the Township of Montclair (the Board). The variance permits the Church to use its rectory as a boarding house for seven to nine senior citizens, contrary to the uses...

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