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ENGLESIDE AT WEST CONDO. ASS'N v. LAND USE BD.

301 N.J. Super. 628 (1997)

ENGLESIDE AT WEST CONDOMINIUM ASSOCIATION, PLAINTIFF, v. LAND USE BOARD OF THE BOROUGH OF BEACH HAVEN, DEFENDANT.

Superior Court of New Jersey, Law Division Ocean County.

Decided March 4, 1997.

Attorney(s) appearing for the Case

Reginald J. Raban for plaintiff.

Bradley W. Henson, Sr. for defendant (Henson & Hodgson, attorneys).

SERPENTELLI, A.J.S.C.

This action in lieu of prerogative writs requires the court to address the unresolved issue of whether the expansion of a nonconforming structure requires a subsection c or d variance pursuant to N.J.S.A. 40:55D-70. The court also discusses the requisite number of votes for a use variance application before a consolidated municipal planning board, an element overlooked when the Municipal...

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