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COS-LIN, INC. v. SPRING LAKE BD. OF ADJUSTMENT

No. A-3217-86T8.

221 N.J. Super. 148 (1987)

534 A.2d 44

COS-LIN, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. SPRING LAKE BOARD OF ADJUSTMENT, MAYOR AND COUNSEL OF THE BOROUGH OF SPRING LAKE, DEFENDANTS-APPELLANTS, AND MR. & MRS. CLIFFORD C. CARR, JR., BEVERLY CRANE, BARBARA WARD, MR. & MRS. RALPH WEAVER, DR. & MRS. LOUIS ALBRIGHT, HAZEL MCNULTY AND MR. & MRS. ROGER SHARP, INTERVENORS.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 1987.

Attorney(s) appearing for the Case

Thomas E. O'Brien argued the cause for appellant Spring Lake Borough (Bathgate, Wegener, Wouters & Neumann, attorneys; Dominic J. Aprile, on the brief).

Fred G. Stickel, III, argued the cause for appellant Mayor & Council of Spring Lake (Stickel & Koenig, attorneys).

John L. Bonello argued the cause for respondent (Falvo, Bonello, Moriarty & Steiger, attorneys).

Before Judges KING, GRUCCIO and D'ANNUNZIO.

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

The issue here is whether the temporal extension of a seasonal (Memorial Day through Labor Day) restaurant and hotel use in a residential zone to a basically year-round operation is an illegal expansion of a prior, 30-year-old nonconforming use. The Spring Lake Board of Zoning Adjustment ruled against the application for a year-round operation by plaintiff Cos...

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