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ORLOSKI v. PLANNING BD.

234 N.J. Super. 1 (1989)

559 A.2d 1380

FRANK ORLOSKI AND THELMA ORLOSKI, PLAINTIFFS-APPELLANTS, v. PLANNING BOARD OF THE BOROUGH OF SHIP BOTTOM, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 30, 1989.

Attorney(s) appearing for the Case

Thomas C. McCoy argued the cause for appellants (Woodland & McCoy, attorneys; Thomas C. McCoy, on the brief).

Granville D. Magee argued the cause for respondent (Magee and Graham, attorneys; Granville D. Magee, of counsel and on the brief).

Before Judges SHEBELL, GRUCCIO and LANDAU.

PER CURIAM.

We affirm substantially for the reasons ably expressed by Judge Serpentelli in his written opinion reported at 226 N.J.Super. 666 (Law Div. 1988), as stated on pages 668 to 676.

We specifically decline to join in the balance of his opinion to the extent that Judge Serpentelli would not set aside a condition, even if found unreasonable or invalid, unless the variance

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