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EAST WIND RLTY., LTD. v. TP. OF WALL BD. OF ADJ.

218 N.J. Super. 412 (1987)

527 A.2d 956

EAST WIND REALTY, LTD., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WALL, AND THE TOWNSHIP OF WALL, A MUNICIPAL CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1987.

Attorney(s) appearing for the Case

John J. D'Anton, attorney for appellant (Steven S. Polinsky on the brief).

Crawford & Hirsch, attorneys for respondent Board of Adjustment of the Township of Wall (Thomas J. Hirsch, on the brief).

Mangini, Gilroy, Cramer & McLaughlin, attorneys for respondent Township of Wall (John Jay Mangini, of counsel; Roger J. McLaughlin, on the brief).

Before Judges FURMAN, SHEBELL and STERN.

PER CURIAM.

In this prerogative writ action plaintiff challenged denial of a use variance for coin-operated movie machines in his adult bookstore. He raised also the issue of the zoning ordinance's constitutionality in infringing his First Amendment freedom of expression. The trial court declined to reach the constitutional issue, commenting that "there is no express prohibition against the operation of such machines...

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