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FEILER v. FORT LEE BD. OF ADJ.

240 N.J. Super. 250 (1990)

573 A.2d 175

HELMUT FEILER, HILDA FEILER, AND ATLAS FIVE AND TEN, INC., PLAINTIFFS-APPELLANTS, v. FORT LEE BOARD OF ADJUSTMENT, MAYOR AND COUNCIL OF THE BOROUGH OF FORT LEE, JOHN E. COLLAZUOL, FORT LEE CONSTRUCTION OFFICIAL, AND OWNERS MAINTENANCE CORP., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 26, 1990.

Attorney(s) appearing for the Case

Frederick L. Bernstein argued the cause for appellants.

George B. Gelman (Gelman & McNish), argued the cause for respondent Owners Maintenance Corp. (Jill L. McNish, of counsel and Philip L. Guarino, on the brief).

Frank J. Cuccio (Cuccio & Cuccio) argued the cause for respondent Fort Lee Board of Adjustment.

Kenneth W. Herbert filed a letter brief on behalf of respondent Mayor and Council of the Borough of Fort Lee.

Before Judges GAULKIN, DREIER and D'ANNUNZIO.

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

Plaintiffs appeal the grant of use and bulk variances for a mixed commercial and high rise residential development adjacent to the George Washington Bridge approach lanes. Plaintiffs' appeal to the governing body was stillborn because the Fort Lee Borough Council reached a consensus not to hear it. Respondents contend that pursuant to N.J.S.A. 40:55D-17(c) the council's decision not to hear the appeal...

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