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ELCO v. R.C. MAXWELL CO.

292 N.J. Super. 118 (1996)

678 A.2d 323

PETER E. ELCO, PLAINTIFF-RESPONDENT, v. R.C. MAXWELL COMPANY, DEFENDANT-APPELLANT, AND CITY OF ABSECON ZONING BOARD OF ADJUSTMENT, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 1996.

Attorney(s) appearing for the Case

Jack Plackter argued the cause for appellant (Horn, Goldberg, Gorny, Daniels, Plackter & Weiss, attorneys; Nicholas F. Talvacchia, on the brief).

Salvatore Perillo argued the cause for respondent (Perillo & Rosenberger, attorneys; Mr. Perillo, on the brief).

Before Judges KING, LANDAU and KLEINER.

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

I.

On June 29, 1994 appellant R.C. Maxwell Company (Maxwell) applied for use variance relief under N.J.S.A. 40:55D-70d1 and for site-plan approval to permit it to construct a billboard in the City of Absecon (City) on Route 30, the White Horse Pike. The Absecon Zoning Board of Adjustment (Board) held a hearing on Maxwell's application on September 19, 1994. The Board...

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