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L.I.M.A. PARTNERS v. BOROUGH OF NORTHVALE

219 N.J. Super. 512 (1987)

530 A.2d 839

L.I.M.A. PARTNERS, A NEW JERSEY PARTNERSHIP; VIDEO RENTALS, INC. AND ATLANTIC SATELLITE COMMUNICATIONS, INC., NEW JERSEY CORPORATIONS, PLAINTIFFS-RESPONDENTS-CROSS-APPELLANTS, v. THE BOROUGH OF NORTHVALE; BOROUGH OF NORTHVALE ZONING OFFICER GARY DELMORO; MAYOR AND COUNCIL OF THE BOROUGH OF NORTHVALE, DEFENDANTS-APPELLANTS, AND THE BOARD OF ADJUSTMENT OF THE BOROUGH OF NORTHVALE, DEFENDANT-CROSS-RESPONDENT. L.I.M.A. PARTNERS, A NEW JERSEY PARTNERSHIP, PLAINTIFF-RESPONDENT-CROSS-APPELLANT, v. THE BOROUGH OF NORTHVALE, AND THE MAYOR AND COUNCIL OF THE BOROUGH OF NORTHVALE, DEFENDANTS-APPELLANTS, AND BOARD OF ADJUSTMENT OF THE BOROUGH OF NORTHVALE, DEFENDANT-CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 12, 1987.

Attorney(s) appearing for the Case

Richard D. Kelly, attorney for appellants Borough of Northvale, Borough of Northvale Zoning Officer, Gary Del Moro, and Mayor and Council of the Borough of Northvale.

Robert M. Zweiman, attorney for respondents cross-appellants L.I.M.A. Partners, Video Rentals, Inc., Atlantic Satellite Communications, Inc.

Leon B. Savetsky, attorney for cross-respondent Board of Adjustment of the Borough of Northvale.

Before Judges MICHELS, SKILLMAN and LANDAU.

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

This appeal involves the denial by defendant Board of Adjustment of the Borough of Northvale (the Board) of an application by plaintiff L.I.M.A. Partners (LIMA) for a use variance. It also involves several issues as to the interpretation and validity of Northvale's zoning ordinance.

Plaintiffs are affiliated companies involved in the satellite communications field. Plaintiff LIMA owns two properties...

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