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BRAY v. CAPE MAY CITY ZONING BD.

875 A.2d 254 (2005)

378 N.J. Super. 160

J. Beyer BRAY and Mary Bray, Plaintiffs-Appellants, v. CAPE MAY CITY ZONING BOARD OF ADJUSTMENT, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 2005.

Attorney(s) appearing for the Case

Gerard W. Quinn, Atlantic City, argued the cause for appellants (Cooper, Levenson, April, Niedelman & Wagenheim, attorneys; Mr. Quinn, on the brief).

James H. Pickering, Jr., argued the cause for respondent.

Before Judges SKILLMAN, GRALL and GILROY.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

Plaintiffs obtained site plan approval from the Cape May City Planning Board for development of a "tourist/guest house," which is a permitted use in the zone in which their property is located. Seven years later, they applied to the Board of Adjustment for an opinion that the facility constructed pursuant to this site plan approval is actually a hotel, which is not a permitted use in the zone, and...

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