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KOZUB v. OPT'HOF

180 N.J. Super. 482 (1981)

435 A.2d 845

MICHAEL KOZUB, PLAINTIFF-APPELLANT, v. JON OPT'HOF, BUILDING INSPECTOR OF VERNON TOWNSHIP, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 14, 1981.

Attorney(s) appearing for the Case

Richard E. Honig argued the cause for appellant (Clark, Leonard & Honig, attorneys; Richard E. Honig on the brief).

Paul F. Koch argued the cause for respondent.

Before Judges and

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

We granted leave to appeal from an order denying plaintiff's motion for summary judgment. Plaintiff sought judgment declaring that, by failing to adopt a resolution containing findings of fact and conclusions within the time limits provided by N.J.S.A. 40:55D-10(g) and N.J.S.A. 40:55D-73, plaintiff's application for a use variance must be deemed to have been granted by the board of adjustment...

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