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BERKELEY SQUARE v. ZONING, BD.

DOCKET NO. A-2389-08T1.

981 A.2d 127 (2009)

410 N.J. Super. 255

BERKELEY SQUARE ASSOCIATION, INC., Plaintiff-Appellant, v. ZONING BOARD OF ADJUSTMENT OF the CITY OF TRENTON; 944 Riverside, LLC; Riverside 944, LLC; Barry Dershowitz; Queen Equities, LLC; Michael Barminko; and Jonathan Rubin, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 2009.

Attorney(s) appearing for the Case

Arnold C. Lakind argued the cause for appellant (Szaferman, Lakind, Blumstein & Blader, P.C., attorneys; Mr. Lakind, Lawrenceville, on the brief).

George D. McGill, Belmar, argued the cause for respondent Zoning Board of Adjustment of the City of Trenton.

Joseph L. Mooney, III, Trenton, argued the cause for respondent Michael Barminko.

No brief was filed by any other party.

Before Judges STERN, COLLESTER and SABATINO.

The opinion of the court was delivered by

STERN, P.J.A.D.

Plaintiff, Berkeley Square Associates, appeals from a judgment of December 15, 2008, granting summary judgment to defendants and dismissing its complaint with prejudice. The case deals with the issuance of permits to "rehabilitate" a twenty-unit residential apartment to defendant Michael Barminko. Plaintiff neighborhood association opposed the "reconstruction" on the grounds the underlying nonconforming...

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