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HOUSE OF FIRE v. ZONING BD.

879 A.2d 1212 (2005)

379 N.J. Super. 526

HOUSE OF FIRE CHRISTIAN CHURCH, Plaintiff-Respondent, v. ZONING BOARD OF ADJUSTMENT OF the CITY OF CLIFTON and the City of Clifton, Defendants-Appellants, and Livia Pepper, Intervenor-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 22, 2005.

Attorney(s) appearing for the Case

Elisa Leib, First Assistant Municipal Attorney, argued the cause for appellant the City of Clifton (City of Clifton Law Department, attorneys; Gerald G. Friend, Municipal Attorney, and Ms. Leib, on the brief).

John D. Pogorelec, Clifton, attorney for appellant Zoning Board of Adjustment of the City of Clifton, joins in the brief of appellant the City of Clifton.

Frank A. Carlet, Clifton, argued the cause for intervenor-appellant Livia Pepper (Carlet, Garrison, Klein & Zaretsky, attorneys; Mr. Carlet, on the brief).

Robert J. Pansulla argued the cause for respondent House of Fire Christian Church (Gaccione, Pomaco & Malanga, attorneys; Mr. Pansulla, on the brief).

Before Judges STERN, S.L. REISNER and GRAVES.

The opinion of the court is delivered by

GRAVES, J.A.D.

Defendants, Zoning Board of Adjustment of the City of Clifton (the Board) and the City of Clifton (the City), appeal from an order dated October 28, 2003, remanding the application of plaintiff, House of Fire Christian Church (the Church), to the Board and invalidating an amended ordinance. The City also appeals from the trial court's determination that the City violated the Religious Land Use and Institutionalized...

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