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MAZZA v. BD. OF ADJUST. OF LINDEN

83 N.J. Super. 494 (1964)

200 A.2d 505

PATRICK C. MAZZA AND ZYTA MAZZA, PLAINTIFFS-APPELLANTS, v. BOARD OF ADJUSTMENT OF THE CITY OF LINDEN, ETC., ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 14, 1964.

Attorney(s) appearing for the Case

Mr. Leo Kaplowitz argued the cause for appellants.

Mr. Lewis Winetsky argued the cause for respondents.

Before Judges GAULKIN, LEWIS and LABRECQUE.

PER CURIAM.

The zoning board of adjustment (board) denied plaintiffs' application for a (c) variance (N.J.S.A. 40:55-39(c)). The Law Division held that plaintiffs had established their right to the variance on the merits, but that "since the plaintiffs' application was substantially the same as * * * one made in 1961 * * * plaintiffs' application is barred by the doctrine of res judicata."

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