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MICHELOTTI REALTY v. SADDLE BROOK TP. ZON. BD.

191 N.J. Super. 568 (1983)

468 A.2d 709

MICHELOTTI REALTY CO., INC.; ANDREW MULICK; AND ROBERT MULICK AND KATHLEEN MULICK, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF SADDLE BROOK AND GRIMALDI AND GRIMALDI, TRUSTEES, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 1, 1983.

Attorney(s) appearing for the Case

Grimaldi & Grimaldi, for appellants (Stephen D. Grimaldi, of counsel, and on the brief).

Robert R. Guida, for respondents.

Before Judges MICHELS and DREIER, JJ.

DREIER, J.A.D.

Defendants, Grimaldi and Grimaldi, Trustees, (Grimaldi) appeal from the reversal by the Law Division of the grant of bulk variances and a site plan approval by the Saddle Brook Zoning Board of Adjustment. The trial court determined as a matter of law that the Board of Adjustment lacked the power to issue the variances and site plan approval under the Municipal Land Use Law, N.J.S.A. 40:55D-70 d. We disagree with this interpretation of the law...

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