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HILL HOMEOWNERS ASS'N v. GARDEN STATE HIGH RISE

149 N.J. Super. 554 (1977)

374 A.2d 471

HILL HOMEOWNERS ASSOCIATION, A CORPORATION OF THE STATE OF NEW JERSEY, RICHARD G. ENGLAND AND LORRAINE ENGLAND, HUSBAND AND WIFE, EUGENE BOYLE, JR. AND MARJORIE BOYLE, HUSBAND AND WIFE, DR. JOSEPH F. MORIARTY AND MARGARET MORIARTY, HUSBAND AND WIFE, SALVATORE LOMAURO AND JOSEPHINE LOMAURO, HUSBAND AND WIFE, AND JOYCE R. FURHMAN, PLAINTIFFS-RESPONDENTS, v. GARDEN STATE HIGH RISE CORPORATION, A CORPORATION OF THE STATE OF N.J., BERNARD BLASENHEIM ASSOCIATES, A CORPORATION OF THE STATE OF NEW JERSEY, CITY COUNCIL OF THE CITY OF PASSAIC, ELIAS DRAZIN AS BUILDING INSPECTOR AND ZONING OFFICER OF THE CITY OF PASSAIC AND HOUSING FINANCE AGENCY OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 1977.

Attorney(s) appearing for the Case

Mr. Nicholas Martini argued the cause for appellants (Mr. Martini, attorney for appellants Garden State High Rise Corporation and Bernard Blasenheim Associates; Mr. Leonard M. Bitterman, attorney for municipal appellants).

Mr. Marvin A. Stern argued the cause for respondents.

Before Judges MATTHEWS, SEIDMAN and HORN.

The opinion of the court was delivered by SEIDMAN, J.A.D.

The principal issue raised on this appeal is whether the Housing Co-operation Law, N.J.S.A. 55:14B-1 et seq. authorized the governing body of the City of Passaic to adopt a resolution rezoning and excepting from certain requirements of the local zoning ordinance a tract of land on which a limited-dividend housing corporation (N.J.S.A. 55:16-1 et seq.) proposed to construct a senior...

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