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DILLER & FISHER CO., INC. v. ARCH. REV. BD.

246 N.J. Super. 362 (1990)

587 A.2d 674

DILLER AND FISHER COMPANY, INCORPORATED, A CORPORATION OF THE STATE OF NEW JERSEY, DILLER AND FISHER COMPANY, INCORPORATED T/A PRUDENTIAL DILLER AND FISHER, REALTORS, DILLER AND FISHER OFFICE CONDOMINIUM ASSOCIATION, AN UNINCORPORATED ASSOCIATION, AND WILLIAM J. DILLER, JR., PLAINTIFFS, v. ARCHITECTURAL REVIEW BOARD OF THE BOROUGH OF STONE HARBOR AND MAYOR AND COUNCIL OF THE BOROUGH OF STONE HARBOR, DEFENDANTS.

Superior Court of New Jersey, Law Division Cape May County.

November 9, 1990.

Attorney(s) appearing for the Case

Vincent L. Lamanna, Jr., for plaintiffs.

W.M. Balliette, Jr., for defendants (Cafiero & Balliette and Balliette, attorneys).

CALLINAN, J.S.C.

Plaintiffs bring this motion for summary judgment seeking a determination that sections XX and 15-13.6 of the Stone Harbor Revised General Ordinances empowering the Architectural Review Board of the Borough of Stone Harbor are violative of the Municipal Land Use Law (hereinafter referred to as "MLUL"). The holding here is that the ordinances are invalid.

Plaintiffs are the individual owner and the corporate entities that occupy the commercial...

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