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PULEIO v. BOARD

868 A.2d 1114 (2005)

375 N.J. Super. 613

Ricky PULEIO, Plaintiff-Respondent, v. NORTH BRUNSWICK TOWNSHIP BOARD OF ADJUSTMENT, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 2005.

Attorney(s) appearing for the Case

Hoagland, Longo, Moran, Dunst & Doukas, New Brunswick, attorneys for appellant (James M. Kinneally, III, of counsel and on the brief).

Greenbaum, Rowe, Smith & Davis, Woodbridge, attorneys for respondent (Douglas K. Wolfson, of counsel; Steven Firkser, on the brief).

Before Judges AXELRAD, R.B. COLEMAN, and HOLSTON, JR.

PER CURIAM.

The novel question presented by this appeal is what standard applies under the Municipal Land Use Law to an application for a subdivision of property that had previously been granted a use variance. More particularly, does the application only require a simple majority vote of the members present under N.J.S.A. 40:55D-9a,1 or is it an expansion of a nonconforming use, or a...

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