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MONROE REALTY CO. v. MIDDLETOWN PROPERTIES, INC.

182 N.J. Super. 659 (1981)

442 A.2d 1095

MONROE REALTY CORP., A CORPORATION IN THE STATE OF NEW JERSEY, PLAINTIFF, v. MIDDLETOWN PROPERTIES, INC. AND THE BOROUGH COUNCIL OF THE BOROUGH OF EATONTOWN, DEFENDANTS.

Superior Court of New Jersey, Law Division Monmouth County.

Decided November 25, 1981.

Attorney(s) appearing for the Case

Thomas J. Spinello for plaintiff.

Gabriel E. Spector for defendant Middletown Properties, Inc. (Landy & Spector, attorneys).

John W. O'Mara for defendant Borough Council of the Borough of Eatontown.

SHEBELL, A.J.S.C.

Plaintiff instituted an independent action in lieu of prerogative writs challenging a resolution of the borough council of Eatontown which granted defendant Middletown Properties, Inc., variances as a means of settling a prior prerogative writ action. The prior action was pending before the court, having been initiated by Middletown Properties, Inc., challenging the earlier denial of its requested variances by both the board of adjustment and the...

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