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LOSCALZO v. PINI

228 N.J. Super. 291 (1988)

549 A.2d 859

MARY LOSCALZO, PLAINTIFF-APPELLANT, v. JOSEPH PINI, BUILDING INSPECTOR OF THE BOROUGH OF FAIRVIEW, OSCAR CABRERA AND MARTHA CABRERA, HIS WIFE, DEFENDANTS-RESPONDENTS, AND BOROUGH OF FAIRVIEW, THIRD-PARTY DEFENDANT. MARY LOSCALZO, PLAINTIFF-APPELLANT, v. BOARD OF ADJUSTMENT OF THE BOROUGH OF FAIRVIEW AND OSCAR CABRERA AND MARTHA CABRERA, HIS WIFE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 5, 1988.

Attorney(s) appearing for the Case

Frederick L. Bernstein argued the cause for appellant.

James E. Flynn argued the cause for respondents Cabreras (Ruvoldt & Ruvoldt, attorneys; James E. Flynn, on the brief).

Albert H. Birchwale argued the cause for respondent Board of Adjustment of the Borough of Fairview (Basile, Birchwale & Pellino, attorneys; Albert H. Birchwale, on the brief).

Mark Winkler argued the cause for Borough of Fairview (Woodcock & Kingman, attorneys; Mark Winkler, on the brief).

Before Judges PETRELLA, SHEBELL and LANDAU.

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

This is an appeal from a judgment of the Law Division in an action in lieu of prerogative writ. A permit was issued by the Borough of Fairview to defendants Oscar and Martha Cabrera for extension of a building according to submitted plans. Construction had commenced when plaintiff Mary Loscalzo filed a verified complaint and obtained an order to show cause with temporary restraints challenging the building...

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