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JOCK v. ZONING BD. OF ADJUSTMENT

878 A.2d 785 (2005)

184 N.J. 562

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

Supreme Court of New Jersey.

Decided August 4, 2005.

Attorney(s) appearing for the Case

Timothy B. Middleton, Manasquan, argued the cause for appellants.

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

Walter R. Bliss, Jr., Princeton Junction, argued the cause for respondents Gunther Jock, Sherry Oberg, Sandra Barre and George Sollami.

Justice LONG delivered the opinion of the Court.

In this land-use case, involving an application under N.J.S.A. 40:55D-70(c)(1) for bulk and dimensional variances to develop an isolated undersized lot, we are called upon to address the separate but related issues of merger and self-created hardship. More particularly, we have been asked to determine the scope of the merger doctrine enunciated almost forty years ago in Loechner v. Campoli,

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