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FARRELL v. ESTELL MANOR ZONING BD. OF ADJ.

193 N.J. Super. 554 (1984)

475 A.2d 94

EDWARD FARRELL & ANNE MARIE FARRELL, PLAINTIFF, v. ZONING BD. OF ADJ. OF ESTELL MANOR, ET AL., DEFENDANT.

Superior Court of New Jersey, Law Division Atlantic County.

Decided January 10, 1984.

Attorney(s) appearing for the Case

Steven D. Scherzer for plaintiff (Valore, McAllister, Westmoreland, Gould, Vesper & Schwartz, attorneys).

Richard A. Russell for defendant Estell Manor (Loveland, Garret & Russell, attorneys).

Edward Gatier for defendant Board of Adjustment of Estell Manor.

Edward J. Boccher for intervenor (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

WEINSTEIN, J.S.C.

This matter comes before the court by way of complaint in lieu of prerogative writ to review the actions of the Estell Manor Board of Adjustment in determining that a prior use variance had been abandoned and in thereafter denying the plaintiff's application for a new use variance.

The role of the court in such a case is strictly circumscribed. The court may not substitute its independent judgment for that of the board of adjustment. Confidence...

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