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MT. HILL, L.L.C. v. ZONING BD. OF ADJUSTMENT OF TOWNSHIP OF MIDDLETOWN

Nos. A-5496-04T3, A-5871-04T3.

958 A.2d 42 (2008)

403 N.J. Super. 146

MOUNTAIN HILL, L.L.C., Plaintiff-Appellant/Cross-Respondent, v. ZONING BOARD OF ADJUSTMENT OF the TOWNSHIP OF MIDDLETOWN, Defendant-Respondent/Cross-Appellant (Two Cases).

Superior Court of New Jersey, Appellate Division.

Decided September 10, 2008.

Attorney(s) appearing for the Case

Gary E. Fox, Ocean Township, argued the cause for appellant/cross-respondent (Fox & Melofchik, attorneys; Mr. Fox, on the brief).

Gregory W. Vella, Long Branch, argued the cause for respondent/cross-appellant (Collins, Vella & Casello, attorneys; Mr. Vella, on the brief).

Before Judges STERN, COLLESTER and C.L. MINIMAN.

The opinion of the court was delivered by

C.L. MINIMAN, J.A.D.

Plaintiff Mountain Hill, L.L.C. (Mountain Hill), appeals from a March 16, 2005, summary judgment in favor of defendant Zoning Board of Adjustment of the Township of Middletown (Zoning Board) in Mountain Hill's action in lieu of prerogative writs. The judge determined that Mountain Hill was required to obtain a use variance in order to construct driveways crossing the zone lines of its split-zoned...

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