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SHERMAN v. ZONING BD. OF ADJ.

242 N.J. Super. 421 (1990)

577 A.2d 170

MICHAEL SHERMAN AND RUTH SHERMAN, PLAINTIFFS-APPELLANTS, v. BOROUGH OF HARVEY CEDARS ZONING BOARD OF ADJUSTMENT, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 10, 1990.

Attorney(s) appearing for the Case

Douglas K. Wolfson argued the cause for the appellants (Greenbaum, Rowe, Smith, Ravin, Davis & Bergstein, attorneys; Douglas K. Wolfson, of counsel and on the brief; Jessica Mayer, on the brief).

Stuart D. Snyder argued the cause for the respondent.

Before Judges KING, BAIME and KEEFE.

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

When reduced to its essence, this appeal concerns the enforceability of a 28 foot height restriction imposed as a condition of a variance permitting the renovation and addition to a permitted residential use on a nonconforming lot. It is undisputed that the resolution, passed one month after the Harvey Cedars Zoning Board of Adjustment (Board) voted to grant the variance, was never served on the plaintiffs, Michael...

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