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BRESSMAN v. GASH

131 N.J. 517 (1993)

621 A.2d 476

HERBERT B. BRESSMAN, SHERRILL I. BRESSMAN, MILTON STEINHORN AND LOIS STEINHORN, PLAINTIFFS-RESPONDENTS, v. RICHARD GASH, DEFENDANT-APPELLANT, AND EDISON TOWNSHIP PLANNING BOARD, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 30, 1993.

Attorney(s) appearing for the Case

Thomas R. Farino, Jr., argued the cause for appellant.

Sheldon Schiffman argued the cause for respondent Edison Township Planning Board (Schiffman & Aiello, attorneys).

Angelo H. Dalto argued the cause for respondents Herbert B. Bressman, Sherrill I. Bressman, Milton Steinhorn, and Lois Steinhorn (Dalto & Abrams, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

This case requires that we determine whether the changes in a second application for a bulk variance under N.J.S.A. 40:55D-70c suffice to avoid the bar of res judicata that arises from the judicial reversal of an earlier grant of the variance. The Edison Township Zoning Board of Adjustment (the Board of Adjustment) granted a rear-yard-setback variance to...

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