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FUNERAL HOME MGMT. v. BASRALIAN

725 A.2d 64 (1999)

319 N.J. Super. 200

FUNERAL HOME MANAGEMENT, INC., t/a Volk-Leber Funeral Homes, and Volk Funeral Homes Corp., Plaintiffs-Respondents/Cross-Appellants, v. William BASRALIAN, Defendant-Appellant, and Zoning Board of Adjustment of the Borough of Oradell, Defendant. Funeral Home Management, Inc., t/a Volk-Leber Funeral Homes, and Volk Funeral Homes Corp., Plaintiffs-Respondents/Cross-Appellants, v. William Basralian, Defendant, and Zoning Board of Adjustment of the Borough of Oradell, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 10, 1999.

Attorney(s) appearing for the Case

Joseph L. Basralian, Hackensack, for defendant-appellant William Basralian in A-1579-97T5 (Winne, Banta, Rizzi, Hetherington & Basralian, attorneys; Mr. Basralian, of counsel; Craig L. Levinsohn, on the brief).

Antimo A. Del Vecchio, Montvale, for defendant-appellant Zoning Board of Adjustment of the Borough of Oradell in A-1926-97T5 (Beattie Padovano, attorneys; John J. Lamb, of counsel and on the brief; Mr. Del Vecchio, on the brief).

Kenneth E. Pringle, Belmar, for plaintiffs-respondents/cross appellants Funeral Home Management, Inc. and Volk Funeral Homes Corp. in both appeals (Pringle & Quinn, attorneys; Mr. Pringle, of counsel and on the brief).

Before Judges CONLEY, A.A. RODRIGUEZ and KIMMELMAN.

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

These back-to-back appeals, which we consolidate for the purpose of a single opinion, arose from the trial court's reversal of a decision by the Zoning Board of Adjustment of the Borough of Oradell to grant a use variance pursuant to N.J.S.A. 40:55D-70(d). The variance would permit the applicant to operate a funeral home on property located partially in an office use zone and partially in a residential...

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