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TIRPAK v. BOARD OF ADJUSTMENT

DOCKET NOS. A-5088-17T1, A-5147-17T1.

200 A.3d 921 (2019)

457 N.J.Super. 441

Maria I. TIRPAK, Plaintiff-Respondent, v. BOROUGH OF POINT PLEASANT BEACH BOARD OF ADJUSTMENT, Defendant-Appellant, and Borough of Point Pleasant Beach, Defendant. Maria I. Tirpak, Plaintiff-Respondent, v. Borough of Point Pleasant Beach Board of Adjustment, and Borough of Point Pleasant Beach, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided February 11, 2019.

Attorney(s) appearing for the Case

Dennis M. Galvin, Jackson, argued the cause for appellant Borough of Point Pleasant Beach Board of Adjustment in A-5088-17 and A-5147-17 (Davison, Eastman, Muñoz, Lederman & Paone, PA, attorneys; Dennis M. Galvin , of counsel and on the briefs).

Kevin B. Riordan, Toms River, argued the cause for appellant Borough of Point Pleasant Beach in A-5147-17 (Kevin B. Riordan, Esq., LLC, attorney; Kevin B. Riordan , Gary P. McLean and Dina R. Khajezadeh , on the briefs).

John J. Jackson, III, Brick, argued the cause for respondent in A-5088-17 and A-5147-17 (King, Kitrick, Jackson & McWeeney, LLC, attorneys; John J. Jackson, III , of counsel and on the brief).

Before Judges Sabatino, Haas and Sumners.

Defendants, the Borough of Point Pleasant Beach and the Borough's Zoning Board of Adjustment, appeal the trial court's May 3, 2018 decision in this land use case. The court declared invalid and unenforceable a variance provision and associated deed restriction that requires one unit of the subject...

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