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GRUNGO v. ROBLES

256 N.J. Super. 233 (1992)

606 A.2d 888

SALVATORE L. GRUNGO, PLAINTIFF, v. ABRAHAM ROBLES, TABERNACLE TOWNSHIP CONSTRUCTION CODE OFFICIAL AND TABERNACLE TOWNSHIP PLANNING BOARD, DEFENDANTS.

Superior Court of New Jersey, Law Division Burlington County.

Decided January 17, 1992.

Attorney(s) appearing for the Case

Patrick F. McAndrew for plaintiff (Brandt, Haughey, Penberthy, Lewis & Hyland, attorney).

Robert F. Rogers for defendants (Rogers & Smith, attorney).

WELLS, A.J.S.C.

This is an action in lieu of prerogative writ demanding to overturn a decision of the Tabernacle Township Planning Board refusing to waive site plan review. Plaintiff asks that the court enjoin the Board from requiring site plan review, demands that the construction code official issue a building permit and seeks a declaration that he has an absolute right to rebuild subject only to applicable building codes. The facts are undisputed.

Plaintiff...

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