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WHISPERING WATERS, INC. v. ZONING BD. OF SALEM

126 N.J. Super. 221 (1973)

313 A.2d 636

WHISPERING WATERS, INC., PLAINTIFF, v. ZONING BOARD OF THE CITY OF SALEM, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided December 19, 1973.

Attorney(s) appearing for the Case

Mr. E. Allen Nickerson for plaintiff.

Mr. Oakford W. Acton, Jr. for defendant (Messrs. Acton & Point, attorneys).

HORN, A.J.S.C.

This is an action in lieu of prerogative writs. Plaintiff applied to the Salem City Planning Board for a recommendation to the Salem City Zoning Board of plaintiff's proposed development of certain garden-type, multiple dwelling units. The planning board adopted a resolution recommending unfavorably. Notwithstanding the unfavorable recommendation, plaintiff nevertheless applied to the zoning board for a special exception under section 6:914 of the zoning...

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