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ALDRICH v. HAWRYLO

281 N.J. Super. 201 (1995)

656 A.2d 1304

JOHN F. ALDRICH, PLAINTIFF-RESPONDENT, v. RICHARD R. HAWRYLO, ALEXANDRA HAWRYLO, DEFENDANTS-RESPONDENTS, AND COMMONWEALTH LAND TITLE INSURANCE COMPANY, DEFENDANT-APPELLANT, AND MARY JANE HOLLAND AND HCH, INC., DEFENDANTS. JOHN F. ALDRICH, PLAINTIFF, AND RICHARD R. HAWRYLO AND ALEXANDRA HAWRYLO, DEFENDANTS-THIRD PARTY PLAINTIFFS-RESPONDENTS, v. COLIN R. HAZELTINE, ESQ., SHACKLETON, HAZELTINE AND BISHOP, ESQS., THIRD PARTY DEFENDANTS-APPELLANTS, AND ANTHONY J. DESIMONE AND MARY LOUISE DESIMONE, HIS WIFE, THE ESTATE OF ALICE SUTTER, TOWNSHIP OF LONG BEACH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, SEAN DEVITT, ZONING OFFICIAL OF THE TOWNSHIP OF LONG BEACH, CORTES & HAY, INC. AND JAMES KEARNS, ET ALS., THIRD PARTY DEFENDANTS. COMMONWEALTH LAND TITLE INSURANCE CO., CORTES & HAY AND JAMES KEARNS, DEFENDANTS-THIRD PARTY PLAINTIFFS, v. HORN, TYSON & YODER, THIRD PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 1995.

Motion for Reconsideration — Granted June 6, 1995.

Opinion after Reconsideration — Decided July 19, 1995.

Attorney(s) appearing for the Case

Joseph M. Clayton, Jr. argued the cause for appellant Commonwealth Land Title Insurance Company (Mr. Clayton, attorney and on the brief).

Richard J. Schachter argued the cause for respondents Richard R. Hawrylo and Alexandra Hawrylo (Schachter, Trombadore, Offen, Stanton & Pavics, attorneys; Lisa A. Rabke, on the brief).

Richard P. Cushing argued the cause for respondent John F. Aldrich (Gebhardt & Kiefer, attorneys; Mr. Cushing, of counsel; Deborah B. Rosenthal, on the brief).

Richard A. Amdur argued the cause for appellants Colin R. Hazeltine and Shackleton, Hazeltine and Bishop (Amdur, Boyle, Maggs & McDermott, attorneys; Elizabeth Wilson, on the brief).

Before Judges DREIER, VILLANUEVA and WEFING.

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

These two interlocutory appeals arising out of the same lawsuit involve a 45-foot setback restriction contained in a 1969 zoning board of adjustment variance approval for property that was granted when that property was subdivided. The property is currently owned by plaintiff John F. Aldrich (plaintiff or Aldrich). Commonwealth Land Title Insurance Company (Commonwealth) appeals pursuant to leave granted...

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