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WASH. TP. ZON. BD. v. WASHINGTON TP. PLANNING BD.

217 N.J. Super. 215 (1987)

525 A.2d 331

WASHINGTON TOWNSHIP ZONING BOARD OF ADJUSTMENT, PLAINTIFF-APPELLANT, v. WASHINGTON TOWNSHIP PLANNING BOARD, MORRIS NOVACK, INDIVIDUALLY AND ROBERT PELIO, INDIVIDUALLY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 15, 1987.

Attorney(s) appearing for the Case

Robert C. Holston argued the cause for appellant (Holston, MacDonald, Donnelly and Morgan, attorneys; David W. Morgan on the brief).

S. David Brandt argued the cause for respondents Novack and Pelio (Brandt, Haughey, Penberthy, Lewis & Hyland, attorneys; S. David Brandt and Patrick F. McAndrew on the brief).

Respondent Washington Township Planning Board did not participate in the appeal.

Before Judges DEIGHAN, HAVEY and MUIR, Jr.

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

Plaintiff Washington Township Zoning Board of Adjustment appeals from a dismissal of its action in lieu of prerogative writs against defendants Washington Township Planning Board, Morris Novack and Robert Pelio. In granting defendants summary judgment, Judge DeSimone determined that the zoning board had no standing to institute the suit. He also concluded that the action was time-barred by the 45-day period prescribed...

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