BONAVENTURE INTERN., INC. v. BOROUGH OF SPRING LAKE

Nos. A-0582-01T5, A-1475-01T5.

795 A.2d 895 (2002)

350 N.J. Super. 420

BONAVENTURE INTERNATIONAL, INC. t/a The Sandpiper Restaurant, Plaintiff-Appellant, v. BOROUGH OF SPRING LAKE, Spring Lake Board of Adjustment and Mr. & Mrs. Charles Brennan, Mr. & Mrs. Richard Kappy, Mr. & Mrs. Nazar Nazarian, Mr. & Mrs. Lawrence Raia, and Mr. & Mrs. Thomas Saboy, Defendants-Respondents. Mr. & Mrs. Charles Brennan, Mr. & Mrs. Richard Kappy, Mr. & Mrs. Nazar Nazarian, Mr. & Mrs. Lawrence Raia, and Mr. & Mrs. Thomas Saboy, Plaintiffs-Appellants, v. Borough of Spring Lake Planning Board and Bonaventure International, Inc. t/a The Sandpiper Restaurant, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 30, 2002.


Attorney(s) appearing for the Case

Robert C. Shea, Toms River, argued the cause for appellant/respondent Bonaventure International, Inc. (R.C. Shea & Associates, attorneys; Mr. Shea, of counsel; Michael C. Paxton, on the brief).

Kevin B. Thomas, Manahawkin, argued the cause for respondents/appellants Brennan, Kappy, Nazarian, Raia and Saboy.

George D. McGill, Belmar, argued the cause for respondent Planning Board of Spring Lake (Pringle Quinn Anzano, attorneys; Mr. McGill, on the brief).

Walter W. Schoenewolf, Borough Attorney, argued the cause for respondent Borough of Spring Lake.

Before Judges KING, CUFF and WECKER.


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

This appeal involves an on-going dispute between the owner of a restaurant located in a residential neighborhood and owners of neighboring homes. Over the years, the scope of operations has expanded and intensified without benefit of any variances or site plan review. We review an order which equitably estops the Borough from issuing a cease and desist order to the restaurant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases