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ALLOCCO & LUCCARELLI v. TOWNSHIP OF HOLMDEL

299 N.J. Super. 491 (1997)

ALLOCCO AND LUCCARELLI, PLAINTIFFS, v. TOWNSHIP OF HOLMDEL AND THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOLMDEL, DEFENDANTS. HOLMDEL RESIDENTS FOR REASONABLE DEVELOPMENT, INC., PLAINTIFF, v. ZONING BOARD OF ADJUSTMENT FOR THE TOWNSHIP OF HOLMDEL AND REVLON, INC., DEFENDANTS. TOWNSHIP OF HOLMDEL, PLAINTIFF, v. ZONING BOARD OF ADJUSTMENT FOR THE TOWNSHIP OF HOLMDEL AND REVLON, INC., DEFENDANTS.

Superior Court of New Jersey, Law Division Monmouth County.

Decided May 15, 1997.

Attorney(s) appearing for the Case

Robert F. Munoz for plaintiff, Township of Holmdel (Lomurro, Davion, Eastman and Munoz, attorneys).

Anthony T. Bruno, for defendant, Zoning Board of Adjustment (Reussile, Mausner, Carotenuto, Bruno and Berger, attorneys).

Dante J. Romanini for defendant/crossclaimant, Revlon, Inc. (Kozlov, Seaton, Romanini and Brooks, attorneys).

HAYSER, J.T.C., temporarily assigned.

In this, the third and final phase of this consolidated litigation, the issue presented is whether the defendant Board of Adjustment wrongfully denied site plan approval to the defendant/crossclaimant, Revlon, Inc.1 Essential facts as to the approval denial are not in dispute.

On or about March 23, 1992, defendant/crossclaimant filed an application for a use variance, certain bulk variances...

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