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UNITED PROP. OWNERS ASS'N OF BELMAR v. BELMAR

185 N.J. Super. 163 (1982)

447 A.2d 933

UNITED PROPERTY OWNERS ASSOCIATION OF BELMAR, PLAINTIFF, AND DANIEL STRAM, DENNIS FRANK AND VIC PASQUARIELLO, PLAINTIFFS-APPELLANTS, v. BOROUGH OF BELMAR, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 1982.

Attorney(s) appearing for the Case

Peter V. Cappiello, Jr. argued the cause for appellant (Labrecque, Parsons & Bassler, attorneys; Peter V. Cappiello, Jr., on the brief).

Joseph Hillman, Jr., argued the cause for respondent (Hillman, Badach & Sullivan, attorneys; Joseph Hillman, Jr., on the brief).

Before Judges BOTTER, ANTELL and FURMAN.

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

The principal issue on this appeal is the constitutionality of an amendment to Belmar's zoning regulations prohibiting the temporary or seasonal rental of residential property in all parts of the borough except in the Resort-Residential (RR) and Resort-Business (RB) zones located in the easterly two blocks adjacent to the ocean. The purpose of the amendment, enacted on January 8, 1980 by Ordinance 1979-16...

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