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KOGENE BLDG. & DEV. CORP. v. EDISON TP. BD. OF ADJUSTMENT

249 N.J. Super. 445 (1991)

592 A.2d 626

KOGENE BUILDING & DEVELOPMENT CORPORATION, PLAINTIFF-APPELLANT, v. EDISON TOWNSHIP BOARD OF ADJUSTMENT, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 1991.

Attorney(s) appearing for the Case

Venezia & Nolan, attorneys for appellant (Allen P. Comba, of counsel and on the brief).

Kunzman, Coley, Yospin & Bernstein, attorneys for respondent (Samuel V. Convery, Jr. on the brief).

Before Judges GAULKIN, HAVEY and SKILLMAN.

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

Plaintiff appeals from a judgment affirming defendant Edison Township Board of Adjustment's (Board) denial of its application for a hardship variance. We reverse and remand to the Board for further proceedings.

Plaintiff is a builder and contract purchaser of an undersized 50' X 151' lot situated in the R-BB zone under Edison Township's zoning ordinance. The current owner, Judith Elliott, has owned...

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