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COLTS RUN CIVIC v. COLTS NECK TP.

717 A.2d 456 (1998)

COLTS RUN CIVIC ASSOCIATION, an Association Including Nate and Patrice Falanga, Rocco and Angela Debenedetto, Christopher and Jill Whalen, Mark and Reem Pashan, Thomas and Betsy Dellisola, Glenn and Patricia Moschella, Robert and Patricia Durski, Nicholas and Darlene Bosco, Richard and Roseanne Prito, Richards and Laurie Emanuele, and Kenneth and Kathleen Lewandowski, Plaintiffs, v. COLTS NECK TOWNSHIP ZONING BOARD OF ADJUSTMENT and John Lucchese, Defendants.

Superior Court of New Jersey, Law Division, Monmouth County.

Decided June 29, 1998.

Attorney(s) appearing for the Case

Bernard M. Reilly, Red Bank, for Plaintiffs (Dowd & Reilly, attorneys; Mr. Reilly, on the brief).

Michael B. Steib, Middletown, for Defendant Zoning Board of Adjustment (Mr. Steib, on the brief).

Jeffrey J. Rea, Westfield, for Defendant John Lucchese (Mr. Rea, of counsel; Peter M. Jacques, Short Hills, on the brief).

HAYSER, J.T.C., temporarily assigned.

Is the maintenance of a "domestic animal shelter," in this case a pigeon coop, as a hobby activity a permitted accessory use to a residential use in a zoning district providing for a mixture of residential and agricultural uses? That is the principal question presented in this appeal of an affirmative interpretation made by the defendant Zoning Board of Adjustment herein.

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