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EVESHAM TP. BD. OF ADJ. v. EVESHAM TP.

86 N.J. 295 (1981)

EVESHAM TOWNSHIP ZONING BOARD OF ADJUSTMENT AND WILBERT D. ABELE, PLAINTIFFS, v. EVESHAM TOWNSHIP COUNCIL, SAMUEL RUGGIERIO, EDITH RUGGIERIO AND WILLIAM RUGGIERIO, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 11, 1981.

Attorney(s) appearing for the Case

George J. Botcheos argued the cause for appellants Samuel Ruggierio, et al. (Laskin & Botcheos, attorneys).

Thomas Norman argued the cause for appellant Evesham Township Council.

The Evesham Township Zoning Board of Adjustment and intervenor-plaintiff-respondent Wilbert D. Abele did not submit briefs or present argument.

The opinion of the Court was delivered by SULLIVAN, J.

This appeal in a zoning case involves the construction of certain provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. The basic issue presented is the scope of review to be applied by a municipal governing body under N.J.S.A. 40:55D-17 when an appeal is taken to that body from the decision of a municipal board of adjustment denying an application for a use variance.

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