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JOCK v. ZONING BD. OF ADJUSTMENT

854 A.2d 928 (2004)

371 N.J.Super. 547

Gunther JOCK, Sherry Oberg, Sandra Barre and George Sollami, Plaintiffs-Appellants, v. ZONING BOARD OF ADJUSTMENT OF the TOWNSHIP OF WALL, Paul Amato, Joyce Amato and Shire Realty, Inc., Defendants-Respondents, and Township Committee of the Township of Wall, and Township of Wall, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 2, 2004.

Attorney(s) appearing for the Case

Walter R. Bliss, Jr., Princeton Junction, argued the cause for appellants.

Thomas J. Hirsch, Ocean, argued the cause for respondent, Zoning Board of Adjustment of the Township of Wall.

Timothy B. Middleton, Manasquan, argued the cause for respondents, Paul Amato, Joyce Amato and Shire Realty, Inc.

Before Judges SKILLMAN, COBURN and C.S. FISHER.

The opinion of the court was delivered by

FISHER, J.A.D.

The judgment under review dismissed a complaint in lieu of prerogative writs, thereby rejecting plaintiffs' claim that the board of adjustment erroneously failed to find that two contiguous lots had merged. Plaintiffs contend that merger occurred because equitable or constructive ownership of the two lots were held by the same persons even though legal title was deliberately kept separate. According...

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