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TP. OF STAFFORD v. STAFFORD TP. ZONING BD.

299 N.J. Super. 188 (1997)

TOWNSHIP OF STAFFORD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. STAFFORD TOWNSHIP ZONING BOARD OF ADJUSTMENT AND HUGH SCHULTZ, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 31, 1997.

Attorney(s) appearing for the Case

Gilmore & Monahan, attorneys for appellant (Charles W. Hutchinson, on the brief).

Wilbert & Montenegro, attorneys for respondent Hugh Schultz (Nicholas C. Montenegro, of counsel and on the brief).

Michael H. Mathis, attorney for respondent Stafford Township Zoning Board of Adjustment, joins in the brief of appellant.

Before Judges MICHELS and COBURN.

The opinion of the court was delivered by COBURN, J.S.C. (temporarily assigned).

This action in lieu of prerogative writs, R. 4:69, projects two important issues under the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -129 (MLUL): does a zoning board of adjustment have jurisdiction to certify a nonconforming use as one which existed before adoption of the zoning ordinance which rendered the use nonconforming when the applicant has failed to notify the...

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