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DaPURIFICACAO v. ZON. BD. OF ADJUST.

873 A.2d 582 (2005)

377 N.J. Super. 436

Manuel DaPURIFICACAO, Plaintiff-Appellant, v. ZONING BOARD OF ADJUSTMENT OF the TOWNSHIP OF UNION and Township of Union, Defendants-Respondents. Township of Union, Plaintiff-Respondent, v. Manuel Dapurificacao, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 11, 2005.

Attorney(s) appearing for the Case

Robert Brotman, Elizabeth, argued the cause for appellant.

William C. Sullivan, Jr., Lyndhurst, argued the cause for respondent Zoning Board of Adjustment of the Township of Union (Scarinci & Hollenbeck, attorneys; Mr. Sullivan, of counsel and on the brief).

Amy S. Chipperson, Union, argued the cause for respondent Township of Union (Chipperson & Chipperson, attorneys; Ms. Chipperson, of counsel and on the brief).

Before Judges WEFING, FALL and C.S. FISHER.

The opinion of the court was delivered by

C.S. FISHER, J.A.D.

This appeal requires that we consider whether the housing of racing pigeons on residential property constitutes an accessory use. Like the trial court, we answer this question in the negative and affirm.

In 1981, plaintiff Manuel DaPurificacao purchased a single-family home, on a 50 by 140 foot lot, located in a residential zone in Union Township. Soon thereafter, plaintiff applied for and...

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