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GRUBBS v. SLOTHOWER

913 A.2d 137 (2007)

389 N.J. Super. 377

William GRUBBS and Deborah Grubbs, Plaintiffs-Respondents, v. Lenore SLOTHOWER, Defendant. and Rahway Zoning Board of Adjustment, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 8, 2007.

Attorney(s) appearing for the Case

Solomon and Weinberg, attorneys for appellant Rahway Zoning Board of Adjustment (Cory Mitchell Gray, New York, NY, of counsel and on the brief).

John DeNoia, Woodbridge, attorney for respondents William Grubbs and Deborah Grubbs.

Before Judges STERN, COLLESTER and MESSANO.

The opinion of the court was delivered by

MESSANO, J.S.C. (temporarily assigned).

This matter presents an issue of first impression in this State. Specifically, we must decide whether a municipal zoning board of adjustment should apply the same standards of review for density variances, N.J.S.A. 40:55D-70d(5), as it does for use variances, N.J.S.A. 40:55d-70d(1); Medici v. BPR Co., 107 N.J. 1,

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