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J.D. CONST. v. BD. OF ADJUST. TP. FREEHOLD

119 N.J. Super. 140 (1972)

290 A.2d 452

J.D. CONSTRUCTION CORP., A NEW JERSEY CORP., PLAINTIFF, v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF FREEHOLD AND TOWNSHIP OF FREEHOLD, IN THE COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS. FREEHOLD DEVELOPMENT CO., A PARTNERSHIP, PLAINTIFF, v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF FREEHOLD AND THE TOWNSHIP OF FREEHOLD, IN THE COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 18, 1972.

Attorney(s) appearing for the Case

Mr. John R. Halleran for plaintiff J.D. Construction Corp. (Messrs. Giordano, Giordano & Halleran, attorneys).

Mr. Marvin E. Schaefer for plaintiff Freehold Development Co.

Mr. Bernard I. Weinstein argued the cause for defendant Board of Adjustment of the Township of Freehold.

Mr. John A. Kaye argued the cause for defendant The Township of Freehold.

LANE, J.S.C.,

In these consolidated actions in lieu of prerogative writs plaintiffs, each of which sought a special exception under N.J.S.A. 40:55-39(b) to construct a garden apartment complex, appealed from denials by the defendant Board of Adjustment of the Township of Freehold and also contested the validity of certain provisions of the Zoning Ordinance of defendant Township of Freehold. At the conclusion of the final hearing the Court orally determined...

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