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NICKELS v. CITY OF WILDWOOD

140 N.J. 261 (1995)

658 A.2d 291

STEVEN NICKELS, INDIVIDUALLY, AND ON BEHALF OF NICKELS MIDWAY PIER, A NEW JERSEY PARTNERSHIP, JOSEPH MACK, MACK'S ENTERPRISES, INC., A NEW JERSEY CORPORATION, AND JOE AND DUKE REALTY, INC., A NEW JERSEY CORPORATION, PLAINTIFFS-RESPONDENTS, v. THE CITY OF WILDWOOD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND MARINER'S LANDING, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 16, 1995.

Attorney(s) appearing for the Case

Stephen R. Nehmad argued the cause for appellant Mariner's Landing, Inc., etc. (Perskie & Nehmad, attorneys; Mr. Nehmad and Richard F. DeLucry, on the briefs).

Frank L. Corrado argued the cause for appellant The City of Wildwood, etc. (Barry, Corrado, Grassi & Radell, attorneys).

William M. Cox argued the cause for respondents (Marcus H. Karavan and Dolan & Dolan, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

The issue is whether an amendment to a zoning ordinance of the City of Wildwood (Wildwood), which permits the expansion of existing beach-front amusement piers, authorizes the expansion of a non-conforming use, contrary to N.J.S.A. 40:55D-68 and 70d. The Law Division sustained the ordinance, and the Appellate Division reversed in an unpublished opinion. We granted the petitions for certification of appellants...

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