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HUDANICH v. AVALON

183 N.J. Super. 244 (1981)

443 A.2d 777

JAMES N. HUDANICH, PLAINTIFF, v. BOROUGH COUNCIL OF THE BOROUGH OF AVALON, A CORPORATE BODY POLITIC; ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF AVALON, A CORPORATE BODY POLITIC; HUNTS THEATRES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND JACK H. GREENBERG, DEFENDANTS.

Superior Court of New Jersey, Law Division, Cape May County.

Decided December 23, 1981.

Attorney(s) appearing for the Case

James A. Kennedy for plaintiff (Gagliano, Tucci & Kennedy, attorneys).

Robert A. Fineberg for defendant Borough Council of Avalon.

John H. Mead for defendant Zoning Board of Adjustment of Avalon.

W.M. Balliette, Jr. for defendant Hunts Theatres, Inc. (Cafiero & Balliette, attorneys).

Vincent L. Lamanna, Jr. for defendant Jack H. Greenberg (Lamanna & Quinn, attorneys).

STEEDLE, Acting A.J.S.C.

This is a prerogative writ action wherein plaintiff Hudanich is challenging the validity of a special reasons variance and ordinance interpretation granted by defendants Borough Council of the Borough of Avalon (council) and Board of Adjustment of the Borough of Avalon (board) which benefited defendants-variance applicants Hunts Theatres, Inc. (Theatre) and Greenberg. The parties previously filed cross-motions for summary proceeding on the...

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