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NEW HOPE BAPTIST CHURCH v. SOMMERHALTER

214 N.J. Super. 363 (1986)

519 A.2d 887

NEW HOPE BAPTIST CHURCH, A RELIGIOUS ORGANIZATION OF THE STATE OF NEW JERSEY, GROVER REYNOLDS, WILLIAM HALL AND SANDY WILLIAMS, PLAINTIFFS-APPELLANTS, v. ROY W. SOMMERHALTER; ZONING BOARD OF ADJUSTMENT OF THE CITY OF HACKENSACK, DEFENDANTS-RESPONDENTS, AND MAYOR AND COUNCIL OF THE CITY OF HACKENSACK, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1986.

Attorney(s) appearing for the Case

Parsekian & Solomon, attorneys for the appellants (Ned J. Parsekian, on the brief).

James E. Dow, Jr., attorney for respondent Sommerhalter.

John B. Paolella, attorney for respondent Zoning Board.

Before Judges FURMAN, DREIER and STERN.

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

Defendant Sommerhalter was granted a use variance, N.J.S.A. 40:55D-70(d), for washing, waxing, preparation for sale and storage of new cars in an existing building, upon condition that he not perform auto body or heavy mechanical work, painting or spraying at the site. The proposed use would be ancillary to defendant's automobile dealership in a nearby municipality. The Law Division affirmed the use...

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