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DEGNAN v. MONETTI

210 N.J. Super. 174 (1986)

509 A.2d 277

RICHARD P. DEGNAN, WILLIAM H. O'NEIL, RAYMOND SMITH, BADONA REELE, LYNN LUPPINO, AND MARK GUARINO, PLAINTIFFS-APPELLANTS, v. ROBERT B. MONETTI, THE BOARD OF ADJUSTMENT OF THE TOWNSHIP OF BERKELEY, JOHN ZACCARO, INDIVIDUALLY, MICHAEL HALE, INDIVIDUALLY, ROBERT PRICE, INDIVIDUALLY, JOSEPH BRUSCINO, INDIVIDUALLY, THEODORE KOZLOWSKI, INDIVIDUALLY, AND ARTHUR STEIN, INDIVIDUALLY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 23, 1986.

Attorney(s) appearing for the Case

Charles H. Brandt argued the cause for appellants.

Richard D. Stanzione argued the cause for respondent Robert B. Monetti (Stanzione, Stanzione, Martone & Rosen, attorneys; Richard D. Stanzione and Joseph F. Martone, on the brief).

Arthur Stein argued the cause for respondents The Board of Adjustment of the Township of Berkeley, John Zaccaro, Michael Hale, Robert Price, Joseph Bruscino, Theodore Kozlowski and pro se (Curry, Stein & Bennardo, attorneys; Arthur Stein on the brief).

Before Judges MORTON I. GREENBERG and LONG.

The opinion of the court was delivered by MORTON I. GREENBERG, P.J.A.D.

This case comes on before this court on appeal from orders for partial summary judgment and final judgment dismissing plaintiffs' action seeking to set aside a use variance (N.J.S.A. 40:55D-70(d)) granted to defendant Robert Monetti by defendant Board of Adjustment of the Township of Berkeley. The matter originated when Monetti filed an application for a variance to construct 20 condominium...

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