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GRASSO v. BOR. OF SPRING LAKE HGTS.

866 A.2d 1076 (2003)

375 N.J. Super. 187

Maureen A. GRASSO and R.G. Grasso, Jr., Inc., Plaintiffs, v. BOROUGH OF SPRING LAKE HEIGHTS, Planning Board of the Borough of Spring Lake Heights, Board of Adjustment of the Borough of Spring Lake Heights, Albert P. Ratz, Construction Official and Robert Wenzel, Zoning Officer, Defendants,

Superior Court of New Jersey, Law Division Monmouth County.

Decided: September 5, 2003.

Attorney(s) appearing for the Case

Robert F. Munoz, Freehold, for plaintiffs Maureen A. Grasso and R.G. Grasso, Jr., Inc. (Lomurro, Davison, Eastman & Munoz, attorneys).

Scott W. Kenneally, Brick, for defendants Borough of Spring Lake Heights, Albert P. Ratz and Robert Wenzel (Starkey, Kelly, Blaney, Bauer & White, attorneys).

George McGill, Belmar, for defendant Borough of Spring Lake Heights Planning Board (Pringle, Quinn & Anzano, attorneys).

R.L. REISNER, J.S.C.

On July 12, 2001, plaintiffs filed a complaint in lieu of prerogative writs. Counts III and IV challenged the Board of Adjustment's denial of their request for a Section "D" height variance, N.J.S.A. 40:55D-70(d)(6), for a house currently under construction. In Counts I and II, plaintiffs asserted that the Borough was equitably estopped from requiring any height variance based on the Borough's previous issuance of zoning and building permits...

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