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MONTGOMERY ASSOCS. v. BD. OF ADJ. OF TP. OF MONTGOMERY

160 N.J. Super. 219 (1978)

389 A.2d 503

MONTGOMERY ASSOCIATES, PLAINTIFF-APPELLANT, v. THE BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MONTGOMERY, IN THE COUNTY OF SOMERSET AND STATE OF NEW JERSEY, AND THE TOWNSHIP OF MONTGOMERY, IN THE COUNTY OF SOMERSET AND STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 9, 1978.

Attorney(s) appearing for the Case

Messrs. Strauss, Wills & Baxendale, attorneys for plaintiff-appellant (Mr. G. Robert Wills and Mr. Gordon C. Strauss, on the brief).

Messrs. Mason, Griffin & Pierson, attorneys for defendant-respondent The Township of Montgomery.

Mr. John Palaschak, Jr., attorney for defendant-respondent The Board of Adjustment of the Township of Montgomery.

Mr. Henry A. Hill, Jr., on the joint brief for defendants-respondents.

Before Judges HALPERN, LARNER and KING.

PER CURIAM:

Plaintiff instituted an action in lieu of prerogative writs in which it attacked the propriety of the denial of a section (d) use variance and the constitutionality of the municipal zoning ordinance. The variance count was heard on the record made before the board of adjustment and resulted in an affirmance in a letter opinion dated April 29, 1976. The issue of constitutionality was heard separately by the court in a plenary proceeding and resulted in...

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