MOTLEY v. SEASIDE PARK ZONING BD.

Docket No. A-3214-11T4

62 A.3d 908 (2013)

430 N.J. Super. 132

Daniel MOTLEY, Plaintiff-Respondent, v. BOROUGH OF SEASIDE PARK ZONING BOARD OF ADJUSTMENT, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 4, 2013.


Attorney(s) appearing for the Case

Gregory J. Hock argued the cause for appellant (D'Arcy, Johnson, Day, P.C., attorneys; Mr. Hock , of counsel and on the brief).

E. Allen MacDuffie, Jr. , Lavallette, argued the cause for respondent (MacDuffie Law, LLC, attorneys; Mr. MacDuffie , on the brief).

Before Judges SABATINO, FASCIALE and MAVEN.


The opinion of the court was delivered by

SABATINO, J.A.D.

Defendant, the Zoning Board of Adjustment ("the Board") of the Borough of Seaside Park ("the Borough"), appeals the trial court's decision in this action in lieu of prerogative writs. The court's decision nullifies a "stop work" order issued by the Borough and authorizes plaintiff Daniel Motley to restore his nonconforming house, which had been torn down to...

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