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REICH v. FORT LEE ZON. BD. OF ADJ.

DOCKET NO. A-1677-08T1.

999 A.2d 507 (2010)

414 N.J. Super. 483

Daniel REICH, D.M.D., Plaintiff-Appellant, v. BOROUGH OF FORT LEE ZONING BOARD OF ADJUSTMENT, Defendant-Respondent, and Einar Eric Swanson, in his capacity as Construction Official and Zoning Officer of the Borough of Fort Lee, and Borough Council of Fort Lee, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 29, 2010.

Attorney(s) appearing for the Case

Ira E. Weiner argued the cause for appellant and intervenor SJT Holdings, LLC,1 (Beattie Padovano, LLC, attorneys; John J. Lamb and Mr. Weiner, of counsel and on the briefs; Daniel L. Steinhagen, Montvale, on the briefs).

Joseph G. Buro, Teaneck, argued the cause for respondent (DeCotiis, FitzPatrick, Cole & Wisler, LLP, attorneys; Mr. Buro, on the brief).

Before Judges AXELRAD, FISHER and SAPP-PETERSON.

The opinion of the court was delivered by AXELRAD, P.J.A.D.

In this action in lieu of prerogative writs, plaintiff Daniel Reich, D.M.D., a periodontist, appeals from an order of the Law Division affirming the decision of defendant, Borough of Fort Lee Zoning Board of Adjustment (Board), interpreting the simultaneous occupation of the dental office by him and the existing endodontist to be an expansion of the nonconforming use, and denying plaintiff's variance application...

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