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BERNINGER v. BOARD OF ADJUSTMENT

254 N.J. Super. 401 (1991)

603 A.2d 954

MARK BERNINGER AND CAROL BERNINGER, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. BOARD OF ADJUSTMENT OF MIDLAND PARK, MAYOR AND COUNCIL OF MIDLAND PARK, AND JOHANNA VOGEL, DEFENDANTS, AND ELIAS NOURY AND MARIE NOURY, HIS WIFE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 27, 1991.

Attorney(s) appearing for the Case

John C. McGlade argued the cause for appellants (Lessack & McGlade, attorneys, John C. McGlade, on the brief).

William T. Smith argued the cause for respondents (Hook, Torack & Smith, attorneys, William T. Smith, on the letter brief).

Before Judges GAULKIN, SHEBELL and SKILLMAN.

PER CURIAM.

Defendants, Elias Noury and Marie Noury, appeal from a judgment which invalidates an exception or variance granted in 1939 to a predecessor-in-title to use the property as a two-family house. The grant was with the express condition that the premises would revert back to a single-family house when the applicants sold the property.

This litigation arose after the Nourys contracted to purchase the house from Johanna Vogel. Mark Berninger and Carol...

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