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TUCCI v. MAYOR AND COUNCIL OF BOR. OF MOONACHIE

220 N.J. Super. 280 (1987)

531 A.2d 1093

JOHN J. TUCCI, PLAINTIFF, v. THE MAYOR AND COUNCIL OF THE BOROUGH OF MOONACHIE, INDIVIDUALLY AND AS GOVERNING BODY OF THE BOROUGH OF MOONACHIE; GIULIO HRONCICH; GEORGE GERONDARAS; GERALDINE ROMANO; JOVAN MARINKOVIC; ELIZABETH POULOS; AND SANDRA FRANCK, DEFENDANTS.

Superior Court of New Jersey, Law Division Bergen County.

Decided May 22, 1987.

Attorney(s) appearing for the Case

James A. Farber for plaintiff (DeCotiis & Pinto, Esqs.)

Paul S. Barbire for defendants, Mayor and Council of the Borough of Moonachie (Presto & Barbire, Esqs.).

Richard T. Rapone for individual defendants (Harker, Nashel, Kates, Modarelli & Nussman, Esqs.).

MARGUERITE T. SIMON, J.S.C.

This opinion expands an oral opinion given on the return date of an order to show cause. The sole issue before this court is the proper interpretation of the appeal provision of the 1984 Amendments to the Municipal Land Use Law, N.J.S.A. 40:55D-17(a). The Moonachie Board of Adjustment approved plaintiff's application for a use or (d) variance and several objectors submitted a notice of appeal to the Moonachie Mayor and Council. Does...

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