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NOUHAN v. BD. OF ADJUST. OF CLIFTON

920 A.2d 700 (2007)

392 N.J. Super. 283

Mark A. NOUHAN, Charles and Phyllis Nouhan, Roger and June Francis, Gina Hathaway, Paul and Monika Komosinski, John and Donna Raineri, and Ellen Stephens, Individuals, Plaintiffs-Appellants, v. BOARD OF ADJUSTMENT OF the CITY OF CLIFTON, Defendant-Respondent, and Richard Hanke and Richard's Beef & Brew, Inc. Defendants/Intervenors-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 19, 2007.

Attorney(s) appearing for the Case

Cavaliere & Cavaliere, Wayne, for appellants (Matthew J. Cavaliere, of counsel and on the brief).

John D. Pogorelec, for respondent Board of Adjustment.

Peterson & Peterson, for intervenors-respondents Richard Hanke and Richard's Beef & Brew, Inc. (Glenn F. Peterson, on the brief).

Before Judges SKILLMAN, HOLSTON, JR. and GRALL.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

Intervenor Richard's Beef and Brew, Inc., d/b/a Pub 46 (Pub 46), operates a restaurant and entertainment facility on a small parcel of land on Route 46 in Clifton. Pub 46's authorization for operation of the restaurant is provided by a special exception granted by the Clifton Board of Adjustment in 1974.1 This special exception allows Pub 46 to operate a restaurant with...

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