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TEN STARY DOM PTP. v. MAURO

A-52 September Term 2011, 069079

76 A.3d 1236 (2013)

216 N.J. 16

TEN STARY DOM PARTNERSHIP, Plaintiff-Appellant, v. T. Brent MAURO and the Borough of Bay Head Planning Board, Defendants-Respondents.

Supreme Court of New Jersey.

Decided August 5, 2013.

Attorney(s) appearing for the Case

Joseph Michelini , Brick, argued the cause for appellant (O'Malley Surman & Michelini, attorneys).

Steven A. Zabarsky argued the cause for respondent Borough of Bay Head Planning Board (Citta, Holzapfel & Zabarsky, attorneys; Mr. Zabarsky and Christian E. Schlegel, Toms River, on the letter in lieu of brief).

Richard H. Woods argued the cause for respondent T. Brent Mauro.

Judge CUFF (temporarily assigned) delivered the opinion of the Court.

This appeal arises in the context of a ten-year attempt by the owner of a residential lot to build a house. We review a judgment of the Appellate Division reversing the denial of an application for a variance, without prejudice, from the frontage requirement in the zone and ordering issuance of a bulk variance. This appeal permits us to address the weight to be accorded site-specific conditions...

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