SMITH v. FAIR HAVEN ZONING BD. OF ADJUSTMENT


761 A.2d 111 (2000)

335 N.J. Super. 111

David SMITH, Kimberly Smith, Frank Cracolici, Jesse Y. Harris and Marcelene Harris, Plaintiffs-Appellants, v. The FAIR HAVEN ZONING BOARD OF ADJUSTMENT, John M. Ridgeway and Donna M. Ridgeway, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 13, 2000.


Attorney(s) appearing for the Case

Michele R. Donato argued the cause for appellants.

John G. Colannino, Monmouth Beach, argued the cause for respondent Fair Haven Zoning Board of Adjustment.

Ralph E. Polcari, Red Bank, argued the cause for respondents John M. Ridgeway and Donna M. Ridgeway (Drazin & Warshaw, attorneys; Mr. Polcari, on the joint brief).

Before Judges BAIME and WALLACE.


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

Plaintiffs appeal from a judgment of the Law Division sustaining the grant of dimensional variances by the Fair Haven Zoning Board of Adjustment. They assert: (1) the Board lacked jurisdiction, (2) Board members engaged in impermissible ex parte communications during site visits, (3) the Board improperly limited the testimony of objectors, and (4) the grant...

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