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BOROUGH OF BAY HEAD v. MacFARLAN

209 N.J. Super. 134 (1986)

506 A.2d 1299

BOROUGH OF BAY HEAD, PLAINTIFF-RESPONDENT, v. ALLAN D. MACFARLAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 25, 1986.

Attorney(s) appearing for the Case

Richard H. Woods argued the cause for appellant.

Michael E. Wilbert argued the cause for respondent (Wilbert & Montenegro, attorneys; Robert A. Fall, on the brief).

Before Judges FURMAN, PETRELLA and ASHBEY.

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

The principal issue on this appeal is the narrow one of whether enforcement of the zoning ordinance of the Borough of Bay Head (Borough), as enacted in 1979, is limited to the building inspector, or whether enforcement may be by private complainants.

On October 15, 1984, Allan D. MacFarlan's neighbor, Lucille Bitter, who lived at 541 West Lake Avenue, signed a complaint in the municipal court charging...

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