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ALSTON v. ENGLEWOOD ADJ. BD.

216 N.J. Super. 221 (1986)

523 A.2d 279

JOHNIE K. ALSTON, INDIVIDUALLY AND AS PRESIDENT OF WEST PALISADE HOME OWNERS ASSOC.; CITY COUNCIL OF CITY OF ENGLEWOOD v. BD. OF ADJUSTMENT OF ENGLEWOOD AND JIENDETTA SYKES.

Superior Court of New Jersey, Law Division Bergen County.

Decided November 19, 1986.

Attorney(s) appearing for the Case

Carlos Peay, Jr. for plaintiff Alston.

William Rupp for plaintiff-intervenor City Council of Englewood.

Stephen H. Roth for defendant Board of Adjustment of Englewood.

Michael Gross for defendant Sykes.

STARK, J.S.C.

The previously unexplored issue presented herein is whether the 1984 amendment to N.J.S.A. 40:55D-70(b) of the Municipal Land Use Law (MLUL) altered the standard of judicial review when ordinance interpretation by a board of adjustment is at issue.

Plaintiff, resident of the City of Englewood, filed this in lieu of prerogative writs action challenging an interpretation by the Englewood Board of Adjustment holding that a senior citizen...

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