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COHEN v. BD. OF ADJUSTMENT OF BOROUGH OF RUMSON

935 A.2d 842 (2007)

396 N.J. Super. 608

Dr. Jason COHEN, Plaintiff-Respondent, v. BOARD OF ADJUSTMENT OF the BOROUGH OF RUMSON, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 6, 2007.

Attorney(s) appearing for the Case

Bernard M. Reilly, Red Bank, argued the cause for appellant (Dowd and Reilly, attorneys; Mr. Reilly, on the brief).

Michael R. Leckstein, Little Silver, argued the cause for respondent (Leckstein & Leckstein, LLC, attorneys; Marc A. Leckstein, on the brief).

Before Judges SKILLMAN, WINKELSTEIN and YANNOTTI.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

Defendant, Board of Adjustment of the Borough of Rumson (the Board), appeals from a Law Division order that granted plaintiff, Dr. Jason Cohen, a variance, and reversed the Board's decision denying the variance. We reverse the provision of the order that grants the variance, but do not reinstate the Board's decision. Instead, we remand to the Board for further proceedings.

Plaintiff owns...

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