ADAMS v. DELMONTE


309 N.J. Super. 572 (1998)

DONALD ADAMS, LINDY FOOTE, WILLIAM H. GARRISON, SR., JEAN REDSTONE, JAMES WHITESELL AND DAVID COUTCH, PLAINTIFFS-APPELLANTS, v. PAUL L. DELMONTE, TOWNSHIP OF UPPER PITTSGROVE, ZONING BOARD OF ADJUSTMENT OF TOWNSHIP OF UPPER PITTSGROVE, PLANNING BOARD OF UPPER PITTSGROVE TOWNSHIP, AND ROBERT GERLACK, ZONING OFFICER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 26, 1998.


Attorney(s) appearing for the Case

Patrick F. McAndrew argued the cause for appellants (Mr. McAndrew, on the brief).

Ned P. Rogovoy argued the cause for respondent Paul L. DelMonte (Waltman, Reilly & Rogovoy, attorneys; Mr. Rogovoy, on the brief).

John G. Hoffman, attorney for respondents Township of Upper Pittsgrove, Zoning Board of Adjustment of Township of Upper Pittsgrove, Planning Board of Upper Pittsgrove Township and Robert Gerlack, Zoning Officer, filed a statement in lieu of brief.

Before Judges HAVEY, NEWMAN and BILDER.


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

In this land-use litigation, defendant Zoning Board of the Township of Upper Pittsgrove determined that defendant Paul L. DelMonte's septic tank cleaning business, operated out of his residence, was a "home occupation" qualifying as a conditional use under the Township's zoning ordinance. Eight months later, the defendant Planning Board granted DelMonte's conditional use application.

Plaintiffs, DelMonte...

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