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MYERS v. OCEAN CITY ZONING BD.

DOCKET NO. A-2568-13T2

106 A.3d 576 (2015)

439 N.J. Super. 96

John E. MYERS, Trustee, and Diane D. Myers, Trustee, Plaintiffs-Respondents, v. OCEAN CITY ZONING BOARD OF ADJUSTMENT, Defendant-Respondent, and City of Ocean City, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 16, 2015.

Attorney(s) appearing for the Case

Dorothy F. McCrosson , Ocean City, argued the cause for appellant (McCrosson & Stanton, P.C., attorneys; Ms. McCrosson , on the briefs).

William R. Serber , Ocean City, argued the cause for respondents John E. Myers and Diane D. Myers , Trustees (Serber Konschak, LLP, attorneys; Mr. Serber , of counsel; James E. Moore , on the brief).

Before Judges MESSANO, OSTRER and SUMNERS.

The opinion of the court was delivered by

On leave granted, the City of Ocean City appeals from the trial court's order compelling it to respond to a proposed zoning change recommended by the Ocean City Planning Board in its master plan reexamination report. Construing N.J.S.A. 40:55D-62(a), the trial court concluded...

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