MEDICAL REALTY v. BD. OF ADJUSTMENT


228 N.J. Super. 226 (1988)

549 A.2d 469

MEDICAL REALTY ASSOCIATES, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. BOARD OF ADJUSTMENT OF THE CITY OF SUMMIT, DEFENDANT-RESPONDENT, v. BEACON HILL TOWERS, INC.; ONE EUCLID AVENUE CONDOMINIUM ASSOCIATION; STRATHMORE HOUSE ASSOCIATION, INC.; SUMMIT-PARMLEY CO.; ANN J. LUCAS AND DOROTHY S. HUGHES, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, v. CITY OF SUMMIT, THIRD-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 1988.


Attorney(s) appearing for the Case

Bartholomew A. Sheehan, Jr., argued the cause for appellant and cross-respondent (Dempsey, Dempsey & Sheehan, attorneys; Bartholomew A. Sheehan and James G. Webber, on the brief).

Arthur P. Condon argued the cause for respondent Board of Adjustment of City of Summit.

John Anthony Lombardi argued the cause for defendants-respondents and cross-appellants.

No brief was filed on behalf of third-party defendant-respondent City of Summit.

Before Judges PETRELLA, SHEBELL and LANDAU.


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

Appellant Medical Realty Associates is a limited partnership which owns property that has been used for the practice of medicine by the Summit Medical Group, P.A. (Medical Group) since 1929. The property consists of seven lots forming three groups: one is the site of the existing Medical Group Building at 120 Summit Avenue; the second parcel is directly across...

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