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HUBER v. ZONING BD. OF ADJ. HOWELL TP.

124 N.J. Super. 26 (1973)

304 A.2d 578

CARL HUBER, PLAINTIFF, v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF HOWELL, MONMOUTH COUNTY; TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOWELL, MONMOUTH COUNTY; HESS OIL & CHEMICAL DIVISION, AMERADA HESS CORPORATION, A CORPORATION OF THE STATE OF DELAWARE, AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY; IRVIN HOLLAND AND EILEEN HOLLAND, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 11, 1973.

Attorney(s) appearing for the Case

Mr. Benjamin Edelstein argued the cause for plaintiff (Messrs. Edelstein & Edelstein, Attorneys).

Mr. Geoffrey S. Cramer argued the cause for defendant, Township Committee of the Township of Howell (Messrs. Campbell, Mangini, Foley, Lee & Murphy, Attorneys).

Mr. Harold G. Cohen argued the cause for defendants, Amerada Hess Corporation and Irvin Holland and Eileen Holland, his wife (Messrs. Wilentz, Goldman & Spitzer, Attorneys).

LANE, J.S.C.

In this action in lieu of prerogative writs plaintiff successfully challenged the Board of Adjustment's grant of an N.J.S.A. 40:55-39(c) variance and the Township Committee's grant of a special permit for the enlargement of a gasoline station. The matter is now before the court on motion by plaintiff to include in the taxed costs the expenses of the transcript of the proceedings before the Board of Adjustment in the amount of $317.25.

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