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SICA v. BD. OF ADJUSTMENT OF TP. OF WALL

246 N.J. Super. 338 (1991)

587 A.2d 661

DR. ROBERT B. SICA, PLAINTIFF-RESPONDENT, v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WALL, DEFENDANT-APPELLANT, AND TOWNSHIP OF WALL, MONMOUTH COUNTY, A MUNICIPAL CORPORATION OF NEW JERSEY, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF WALL, AND PLANNING BOARD OF THE TOWNSHIP OF WALL; DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 6, 1991.

Attorney(s) appearing for the Case

Thomas J. Hirsch argued the cause for appellant (Crawford & Hirsch, attorneys).

Richard J. Byrnes argued the cause for respondent (Wilentz, Goldman & Spitzer, attorneys).

Before Judges MICHELS, BRODY and D'ANNUNZIO.

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

The Board of Adjustment of the Township of Wall (Board) denied plaintiff's application for a use variance to construct and operate, in a residential zone, a 40-bed residential facility for the rehabilitation of head trauma victims. In an action in lieu of prerogative writs, the Law Division reversed the Board and granted the variance. The Board appeals from that judgment, and we now reverse.

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