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SCULLY-BOZARTH POST v. PLANNING BD.

827 A.2d 1129 (2003)

362 N.J. Super. 296

SCULLY-BOZARTH POST # 1817 OF the VETERANS OF FOREIGN WARS OF the UNITED STATES, Plaintiff-Cross-Appellant, v. PLANNING BOARD OF the CITY OF BURLINGTON, Defendant-Cross-Respondent. Mitchell and Samuella Cohen, Karl Lauer and Jean Lauer, Jack and Diane Blackeby, Paul and Tina Fitzpatrick, Helene Hall and Jack Jerechko, Plaintiffs-Appellants, v. Scully-Bozarth Post 1817 VFW, a Nonprofit organization, Burlington City Planning Board, a Municipal Entity, Defendants-Respondents, and Matthew Wisniewski, Zoning Officer of the City of Burlington, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided July 21, 2003.

Attorney(s) appearing for the Case

Christopher Norman, argued the cause for appellants Mitchell and Sameulla Cohen, et al. (Norman & Kingsbury, attorneys; Mr. Norman, on the brief).

Joseph M. Pinto, argued the cause for respondent/cross-appellant Scully-Bozarth Post # 1817 VFW (Polino and Pinto, attorneys; Mr. Pinto, on the brief).

Frederick W. Hardt, Moorestown, argued the cause for respondent/cross-respondent Planning Board of the City of Burlington.

Before Judges KING, WEFING and LISA.

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

In this land use dispute, the Burlington City Planning Board (Board) denied the application of Scully-Bozarth Post # 1817 of the Veterans of Foreign Wars of the United States (VFW) to expand a pre-existing nonconforming use by placing a surplus army tank on the property containing its gathering hall. The property is located in an R-1 zoning district, and in the City's Historic District. The tank would be permanently...

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