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CIOCON v. FRANKLIN LAKES PLAN. BD.

223 N.J. Super. 199 (1988)

538 A.2d 427

HERMOGENES CIOCON AND CELIA CIOCON, PLAINTIFFS-RESPONDENTS, v. THE PLANNING BOARD OF THE BOROUGH OF FRANKLIN LAKES, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 1, 1988.

Attorney(s) appearing for the Case

John A. Spizziri, Sr., P.C., attorney for appellant (Michael I. Lubin on the brief).

Orbe, Nugent, Collins & Darcy, attorneys for respondents (Thomas F. Cermack, Jr. on the brief).

Before Judges DEIGHAN and R.S. COHEN.

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

On this appeal, we are required to determine whether a rear-yard set-back requirement in a zoning ordinance concerning a lot located in two municipalities refers to the distance between the residence and the rear-yard lot line located in an adjoining municipality or the distance between the residence and the municipal boundary. We hold that under the facts and...

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