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TP. OF FREEHOLD v. TP. COMMITTEE OF TP. OF JACKSON

166 N.J. Super. 375 (1979)

399 A.2d 1043

TOWNSHIP OF FREEHOLD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF JACKSON, TOWNSHIP OF JACKSON ZONING OFFICER, CONSTRUCTION OFFICIAL OF THE TOWNSHIP OF JACKSON AND OTTO A. HOEVER, DEFENDANTS. JACOB FLAUM, PLAINTIFF, v. TOWNSHIP OF JACKSON, A MUNICIPAL CORPORATION, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF JACKSON, THE ZONING OFFICER OF THE TOWNSHIP OF JACKSON, THE CONSTRUCTION OFFICIAL OF THE TOWNSHIP OF JACKSON, AND OTTO A. HOEVER, DEFENDANTS. JOHN AND MARY AN VANDERVEER, ALBERT AND VICKIE LOMBARDO, VINCENT AND LORRAINE CAIN, EARL AND CATHERINE GILL, DAVID AND MARLENE MALEY, EMIL AND LEE DUSIO, FRANK AND ALVINA BIGOS, HARVEY AND RENEE NASCHESE, PETER AND DORIS VENDETTI, RICHARD AND BARBARA COLEMAN, JOHN AND JUDITH HIGGINSON, DAVID AND LORRAINE BRUNELLE AND RAMON AND KATHERINE SAN MARTIN, PLAINTIFFS, v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF JACKSON, TOWNSHIP OF JACKSON ZONING OFFICER, CONSTRUCTION OFFICIAL OF THE TOWNSHIP OF JACKSON AND OTTO A. HOEVER, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided February 14, 1979.

Attorney(s) appearing for the Case

Mr. John A. Kaye for plaintiff Township of Freehold (Messrs. Kaye & Davison, attorneys).

Mr. William J. Wolf for plaintiff Jacob Flaum (Messrs. Bathgate & Wegener, attorneys).

Mr. Robert R. Breslin, Jr., for plaintiffs Vanderveer et als. (Messrs. Beskin & Breslin, attorneys).

Mr. Joseph F. Martone for the Township of Jackson (Township of Jackson, Department of Law).

Mr. Frederick E. Popovitch for defendant Otto A. Hoever (Messrs. Popovitch & Popovitch, attorneys).

HAVEY, J.S.C.

This action in lieu of prerogative writs raises the issue of whether an interested party is entitled to notice of a public hearing held before the governing body when an unsuccessful applicant appeals from the zoning board's decision pursuant to N.J.S.A. 40:55D-17(a)(2).

Defendant Otto A. Hoever applied to the Jackson Township Zoning Board of Adjustment for a special reasons variance to...

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