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ROEHRS v. LEES

178 N.J. Super. 399 (1981)

429 A.2d 388

WALTER E. ROEHRS, JR., PLAINTIFF-APPELLANT, v. JAMES J. LEES AND KATHLEEN LEES, HIS WIFE, DEFENDANTS-RESPONDENTS, AND BLACKLEDGE ASSOCIATES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND JOHN T. DUNNE, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 31, 1981.

Attorney(s) appearing for the Case

Charles W. Heuisler argued the cause for appellant (Archer, Greiner & Read, attorneys).

Paul W. Dare argued the cause for respondents (Gorelick, Groon, Dare & Hornstine, attorneys).

Before Judges MICHELS, KOLE and ARD.

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

On March 20, 1979 plaintiff filed a verified complaint in which he alleged that his neighbors, defendants Lees, were building a house on their land, adjacent to that of plaintiff, in violation of a covenant in the deed to defendants requiring a setback of 25 feet "from the 14th Street property line." In essence, plaintiff alleged that the common grantor of plaintiff...

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