HAWRYLO v. BOARD OF ADJUSTMENT


249 N.J. Super. 568 (1991)

592 A.2d 1236

RICHARD R. HAWRYLO AND ALEXANDRA HAWRYLO, HIS WIFE, PLAINTIFFS-APPELLANTS, v. BOARD OF ADJUSTMENT, HARDING TOWNSHIP, THOMAS WALKER, JR., AND ELIZABETH WALKER, HIS WIFE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 18, 1991.


Attorney(s) appearing for the Case

Edward A. Berman argued the cause for appellants (Hersh, Ramsey, Berman & Rockoff, attorneys, Edward A. Berman, of counsel, Randie S. Berman, on the brief).

Myles C. Morrison, III argued the cause for respondent Thomas and Elizabeth Walker (Dillon, Bitar & Luther, attorneys, Myles C. Morrison, of counsel, Nicholas L. Paone, on the brief).

Gary T. Hall argued the cause for respondent Harding Township Board of Adjustment (McCarter & English, attorneys, Gary T. Hall, on the brief).

Before Judges DREIER, ASHBEY and LANDAU.


The opinion of the Court was delivered by ASHBEY, J.A.D.

Plaintiffs, adjacent landowners, appeal from a prerogative writs judgment upholding a Harding Township Board of Adjustment (Board) grant of an N.J.S.A. 40:55D-70c(1) variance to defendants Thomas and Elizabeth Walker.1 The variance permitted the Walkers to rebuild the wooden part of a barn 42 feet from plaintiffs' driveway...

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