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HAGGERTY v. RED BANK BOROUGH

897 A.2d 1094 (2006)

385 N.J. Super. 501

Gerald G. HAGGERTY and Mary Jane Haggerty, Kathy Lou Colmorgen, Kaye Ernst, Jeffrey M. Weiner, Rudy Vener and Gina Vener, and David Prown, Plaintiffs-Appellants, v. RED BANK BOROUGH ZONING BOARD OF ADJUSTMENT, Defendant-Respondent, and Building & Land Technology, a/k/a Building & Land Technology Inc., Defendant, and Palatial Homes at Red Bank, L.L.C., Defendant/Intervenor-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 2006.

Attorney(s) appearing for the Case

William E. Meyer, Red Bank, argued the cause for appellants.

Kevin E. Kennedy argued the cause for respondent Red Bank Borough Zoning Board of Adjustment.

Stephen E. Barcan, Woodbridge, argued the cause for respondent Palatial Homes at Red Bank (Wilentz, Goldman & Spitzer, attorneys; Mr. Barcan, of counsel and on the brief; Jessica S. Pyatt, on the brief).

Before Judges CONLEY, WEISSBARD and SAPP-PETERSON.

The opinion of the court was delivered by

WEISSBARD, J.A.D.

Plaintiffs, landowners in the Borough of Red Bank (Borough), appeal from the dismissal of their complaint in lieu of prerogative writs challenging decisions of defendant, Red Bank Borough Zoning Board of Adjustment (Board), granting the bifurcated application of Building and Land Technology (BLT) for a "d" /density variance, and thereafter for bulk variances and site plan approval to construct condominiums...

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