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GREGORY v. BOROUGH OF AVALON

917 A.2d 796 (2007)

391 N.J. Super. 181

Theodore GREGORY, Whitebrier Beach Club, Inc., and Anthony Zurawski, Plaintiffs-Appellants, v. BOROUGH OF AVALON, Borough of Avalon Planning/Zoning Board and Dilbet, Inc., t/a Windrift Hotel/Resort, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 2007.

Attorney(s) appearing for the Case

Mary D'Arcy Bittner, argued the cause for appellants.

Stephen D. Barse, Vineland, argued the cause for respondent Borough of Avalon (Gruccio, Pepper, DeSanto & Ruth, attorneys; Mr. Barse, on the brief).

John R. Armstrong, Sea Isle City, argued the cause for respondent Borough of Avalon Planning/Zoning Board (Cooper Levenson April Niedelman & Wagenheim, attorneys; Howard E. Drucks, Atlantic City and Mr. Armstrong, on the brief).

William R. Serber, Ocean City, argued the cause for respondent Dilbet, Inc., t/a Windrift Hotel/Resort (Serber Konschak, attorneys; Amy L. Houck, on the brief).

Before Judges SKILLMAN, HOLSTON, JR. and GRALL.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This appeal involves the appropriateness of an enlargement of time for bringing an action in lieu of prerogative writs to challenge resolutions of a municipal governing body that are closely related to a subsequent resolution of the zoning/planning board that was challenged in a timely manner in the same action.

Defendant Dilbet, Inc., is the owner of a beachfront motel called the Windrift...

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