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McGOVERN v. BOR. OF HARVEY CEDARS

No. A-0043-07T1

949 A.2d 302 (2008)

401 N.J. Super. 125

Donald McGOVERN, Plaintiff-Appellant, v. BOROUGH OF HARVEY CEDARS, Board of Commissioners of the Borough of Harvey Cedars, and John Gerkens, In His Official Capacity, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 19, 2008.

Attorney(s) appearing for the Case

Arthur Stein, Forked River, argued the cause for appellant (Stein & Supsie, attorneys; Mr. Stein, of counsel and on the brief; Angela M. Velnich, on the brief).

Robert L. Cerefice, Newark, argued the cause for respondents (Dowell & Wintrode, attorneys; Mr. Cerefice, on the brief).

Before Judges S.L. REISNER, GILROY and BAXTER.

The opinion of the court was delivered by

S.L. REISNER, J.A.D.

Plaintiff Donald McGovern appeals from a July 20, 2007 order of the Law Division dismissing his complaint in lieu of prerogative writs against defendants Borough of Harvey Cedars, the Borough's Board of Commissioners, and its Zoning Officer John Gerkens. We affirm, concluding that a municipal ordinance banning construction close to the water's edge on Long Beach Island is constitutional and is...

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