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MULLEN v. IPPOLITO CORP.

Docket No. A-5823-10T3

50 A.3d 673 (2012)

428 N.J. Super. 85

John MULLEN and Howard Levine, Plaintiffs-Appellants, v. The IPPOLITO CORPORATION, Samuel Ippolito, Paul Ippolito, Elaine Petrillo, in her capacity as the Zoning Officer of the Borough of Point Pleasant Beach, the Borough of Point Pleasant Beach, Michael Gardner, in his capacity as the Construction Officer of the Borough of Point Pleasant Beach, and Maryann Ellsworth, in her capacity as the official in charge of enforcing the Borough of Point Pleasant Beach's dune ordinances, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided September 10, 2012.

Attorney(s) appearing for the Case

Michael R. Rubino, Jr. argued the cause for appellants (Pandolfe, Shaw & Rubino, L.L.C., attorneys; Jeff Thakker , of counsel; Mr. Rubino , on the brief).

Sean D. Gertner , Toms River, argued the cause for respondents Borough of Point Pleasant Beach, Elaine Petrillo, Michael Gardner and Maryann Ellsworth (Gertner Mandel & Peslak, L.L.C., attorneys; Mr. Gertner , of counsel; Rachel S. Cotrino , Jackson, on the brief).

Before Judges FUENTES, GRAVES, and KOBLITZ.

The opinion of the court was delivered by

FUENTES, P.J.A.D.

Plaintiffs John Mullen and Howard Levine own a one-family house in an area of the Borough of Point Pleasant Beach that is zoned exclusively for low density residential use. Plaintiffs' residence is adjacent to the Driftwood Motel, a preexisting nonconforming use in this otherwise residential zone. The Driftwood is owned and operated by defendant Ippolito Corporation, the principals of which are defendants...

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