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LAZOVITZ v. BOARD OF ADJUSTMENT

213 N.J. Super. 376 (1986)

517 A.2d 486

STEPHEN LAZOVITZ, PLAINTIFF-RESPONDENT, v. BOARD OF ADJUSTMENT, BERKELEY HEIGHTS, NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 28, 1986.

Attorney(s) appearing for the Case

Daniel S. Bernstein argued the cause for appellant (Bernstein, Hoffman & Clark, attorneys; Daniel S. Bernstein and Suzanne T. Bogad on the brief).

J. Alan Drummond argued the cause for respondent (Drummond & Owren, attorneys; J. Alan Drummond on the brief).

Before Judges KING, HAVEY and MUIR.

PER CURIAM.

This case comes before us on an expedited basis. Our opinion supplements one given orally on October 8, 1986 at Trenton.

Defendant appeals a trial court reversal of its denial of a use variance to construct a four-story nursing home in a single-family residential zone.

Plaintiff, purchaser under contract of approximately 4.7 acres on Springfield Avenue, Berkeley Heights, made application to defendant to construct a 58-foot high, 5-story...

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