PFEUFFER v. SCULCO


242 N.J. Super. 181 (1990)

576 A.2d 309

WILLIAM R. PFEUFFER AND ELIZABETH PFEUFFER, PLAINTIFFS-APPELLANTS, v. RALPH SCULCO AND BUILDING INSPECTOR OF THE BOROUGH OF CLIFFSIDE PARK, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 28, 1990.


Attorney(s) appearing for the Case

Robert C. Damm, P.C., attorney for appellants (Robert C. Damm on the brief and reply letter brief).

Teresa J. Gundersen, attorney for respondent Ralph Sculco (Theresa J. Gundersen and George G. Gundersen, III, on the brief).

Smith, Don, Alampi, Scalo, Diktas, D'Argenio & Habeeb, attorneys for respondent Inspector of the Borough of Cliffside Park (Randal W. Habeeb on the brief).

Before Judges ANTELL, BILDER and A.M. STEIN.


The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.

Plaintiffs appeal the order granting summary judgment to defendants Sculco and the Cliffside Park Building Inspector in dismissing the complaint. We reverse because the side yard setback provisions of Cliffside Park's zoning ordinance take precedence over conflicting state building code provisions.

Plaintiffs live at 60 Grand Avenue. Defendant Sculco owns 56 Grand Avenue, the next-door property...

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