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WOLF v. SHREWSBURY

182 N.J. Super. 289 (1981)

440 A.2d 1150

WILLIAM WOLF, JUDY WOLF, RICHARD KING, RICHARD DOELGER, PATRICIA DOELGER, PATRICIA ZINN, JOHN PALLOWAY, CAROL PALLOWAY, DOUGLAS MCNITT, RICHARD LEES, LINDA LEES, MICHAEL LICHTIG, ROBERT GIBLON, DOUGLAS MOSES AND LINDA MOSES, PLAINTIFFS-APPELLANTS, v. MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF SHREWSBURY, PLANNING BOARD OF THE BOROUGH OF SHREWSBURY, AND THE BOROUGH OF SHREWSBURY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS, AND PROPERTIES VENTURES, INC., AND DAVID H. AND CHARLENE A. MARX, DEFENDANTS AND INTERVENORS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 31, 1981.

Attorney(s) appearing for the Case

William F. Dowd argued the cause for appellants (Dowd & Reilly, attorneys).

Albert A. Zager argued the cause for intervenors-respondents (Carton, Nary, Witt & Arvanitis, attorneys).

Gagliano, Tucci & Kennedy, attorneys for respondent Planning Board of Borough of Shrewsbury, and Wilentz, Goldman & Spitzer, attorneys for intervenors-respondents David H. Marx and Charlene A. Marx, join in the brief submitted on behalf of intervenor-respondent Properties Ventures, Inc.

Before Judges MICHELS, McELROY and J.H. COLEMAN.

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

Plaintiffs, a group of residential property owners and taxpayers of defendant Borough of Shrewsbury (borough), appeal from a summary judgment of the Law Division entered in favor of the borough, defendants mayor, borough council and planning board of the borough, and defendants and intervenors Properties Ventures, Inc., and David H. Marx and Charlene A. Marx, which (1) denied plaintiffs' application to enlarge...

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