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URBAN v. PLANNING BD.

238 N.J. Super. 105 (1990)

569 A.2d 275

RONALD AND LINDA URBAN, (A-1062); RAYMOND M. TOMASSO, JR., RAYMOND TOMASSO, SR. AND DOROTHY TOMASSO (A-1113); IRA SCHULMAN (A-1123); ROBERT R. ZANES (A-1311); AND DAVID AND JUDY SHIRLEY (A-1315), PLAINTIFFS-RESPONDENTS, v. PLANNING BOARD OF THE BOROUGH OF MANASQUAN, MONMOUTH COUNTY, NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 1990.

Attorney(s) appearing for the Case

Fay, Pandolfe, Shaw & Rubino, attorneys for appellant Manasquan Planning Board (John T. Pandolfe, Jr., on the brief).

Lautman, Henderson, Mills & Wight, attorneys for respondents Ronald and Linda Urban and David and Judy Shirley (Kevin B. Thomas, on the brief).

Bathgate, Wegener, Wouters & Neumann, attorneys for respondents Raymond M. Tomasso, Jr., Raymond M. Tomasso, Sr. and Dorothy Tomasso (Larry S. Feigenbaum, on the brief).

Stephen T. Keane, attorney for respondent Ira Schulman.

Pearce and Maguire, attorneys for respondent Robert R. Zanes (Scott T. McCleary, on the brief).

Before Judges ANTELL, ASHBEY and STEIN.

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

The Manasquan Planning Board appeals from five prerogative writ judgments setting aside the Board's denial of plaintiffs' subdivision applications to create two non-conforming lots from one lot, each containing dwelling units built before its first (1947) zoning ordinance.1 The Board denied the applications in order to keep the lots...

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