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INSTITUTE v. BOARD OF ADJUSTMENT

270 N.J. Super. 396 (1993)

637 A.2d 235

INSTITUTE FOR EVALUATION AND PLANNING, INC., A NEW JERSEY NON PROFIT CORPORATION, JOHN MARTIN, AND MARY MARTIN, PLAINTIFFS, v. BOARD OF ADJUSTMENT AND ZONING OFFICER OF THE BOROUGH OF FREEHOLD, DEFENDANTS.

Superior Court of New Jersey, Law Division Monmouth County.

Decided April 5, 1993.

Attorney(s) appearing for the Case

Peter R. LaFrance, for plaintiffs (Mehr & LaFrance, attorneys).

Vincent E. Halleran, Jr., for defendant Board of Adjustment of the Borough of Freehold.

Richard T. O'Connor, for defendant Zoning Officer of the Borough of Freehold.

O'HAGAN, J.S.C.

The plaintiffs, Institute for Evaluation and Planning, Inc., (hereafter IEP) and John Martin and Mary Martin, appeal from the denial of their application by the Freehold Zoning Board of Adjustment. The court, on the plaintiffs' motion for summary judgment, finds that the use proposed is allowed by law since it does not impermissibly expand a non-conforming use, and therefore, grants judgment reversing the Board's decision.

The plaintiffs John...

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