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ROBINSON v. BD. ADJ., CAPE MAY

131 N.J. Super. 236 (1974)

329 A.2d 351

PHILIP B. ROBINSON, PLAINTIFF, v. BOARD OF ADJUSTMENT OF CAPE MAY; CITY OF CAPE MAY, A MUNICIPAL CORPORATION AND THE PLANNING BOARD OF THE CITY OF CAPE MAY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

October 30, 1974.

Attorney(s) appearing for the Case

Mr. Marvin D. Perskie for plaintiff (Messrs. Perskie & Callinan, attorneys).

Mr. Louis C. Dwyer, Jr. for defendant Board of Adjustment of Cape May (Messrs. Kay, Corino & Dwyer, attorneys).

Mr. Vincent J. Pancari for defendant City of Cape May, a municipal corporation (Messrs. Halpin, Bailey & Pancari, attorneys).

Mr. John L. Ludlam for defendant Planning Board of the City of Cape May.

GRUCCIO, J.S.C.

This is an action in lieu of prerogative writs. The matter is before this court for the purpose of a summary adjudication on the basis of an agreed statement of facts.

Plaintiff is the owner of several lots of land (lots 39 through 68) situated on block 100 in the City of Cape May. This area is zoned R-1, which primarily allows only single-family residential dwellings. Plaintiff intended to build 11 twin houses on these lots but was precluded...

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