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PARUSZEWSKI v. TP. OF ELSINBORO

154 N.J. 45 (1998)

711 A.2d 273

JOSEPH B. PARUSZEWSKI, PLAINTIFF-APPELLANT, v. TOWNSHIP OF ELSINBORO, TOWNSHIP COMMITTEE OF TOWNSHIP OF ELSINBORO AND THE ZONING BOARD OF ADJUSTMENT FOR THE TOWNSHIP OF ELSINBORO, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 18, 1998.

Attorney(s) appearing for the Case

Patrick F. McAndrew, argued the cause for appellant.

John G. Hoffman, argued the cause for respondents.

William John Kearns, Jr., argued the cause for amici curiae New Jersey State League of Municipalities and New Jersey Institute of Municipal Attorneys (Kearns, Vassallo, Guest & Kearns, attorneys).

The opinion of the Court was delivered by GARIBALDI, J.

This appeal presents the question of whether the governing body of a municipality may appear through its attorney before the municipal zoning board of adjustment to oppose a nonconforming use certification application. Specifically, we consider whether the governing body has standing to appear before the zoning board through its attorney and whether the appearance of the township attorney creates an impermissible...

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