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PERELMAN v. CASIELLO

920 A.2d 782 (2007)

392 N.J. Super. 412

Raymond G. PERELMAN, Plaintiff-Appellant, v. Nicholas CASIELLO, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 26, 2007.

Attorney(s) appearing for the Case

Barry L. Katz of the Pennsylvania Bar, Bala Cynwyd, PA, admitted pro hac vice, argued the cause for appellant (Hollstein Keating Cattell Johnson & Goldstein, attorneys; Stuart M. Goldstein, Philadelphia, PA and Mr. Katz, on the brief).

Eric G. Fikry, Cherry Hill, argued the cause for respondent (Obermayer Rebmann Maxwell & Hippel, attorneys; Stephen D. Schrier and Mr. Fikry, of counsel and on the brief).

Before Judges LISA, HOLSTON, JR. and GRALL.

The opinion of the court was delivered by

GRALL, J.A.D.

Plaintiff Raymond G. Perelman and defendant Nicholas Casiello are owners of adjacent ocean-front property in Atlantic City. Restrictive covenants in their respective chains of title establish a setback that runs parallel to and over 100 feet inland from the boardwalk and prohibit construction of more than one residence. Plaintiff commenced this action for declaratory...

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