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S & S v. ZONING BD. FOR STRATFORD

862 A.2d 1204 (2004)

373 N.J. Super. 603

S & S AUTO SALES, INC., Plaintiff-Appellant, v. ZONING BOARD OF ADJUSTMENT FOR the BOROUGH OF STRATFORD, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 22, 2004.

Attorney(s) appearing for the Case

John-Paul Madden, Haddonfield, argued the cause for appellant (Madden, Madden & Del Duca, attorneys; Mr. Madden, on the brief).

Stuart A. Platt, Pennsauken, argued the cause for respondent (Marrazzo & Platt, attorneys; Mr. Platt, on the brief).

Before Judges CONLEY, BRAITHWAITE and LISA.

The opinion of the court was delivered by

LISA, J.A.D.

This appeal requires determination of whether a nonconforming use has been abandoned and the standard by which that determination should be made. Applying a subjective test, the Stratford Zoning Board of Adjustment (Board) found that the owner did not establish the intention to continue the use, and declared the right to the use terminated. The Law Division affirmed, but applied an objective test of abandonment...

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