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HARZ v. BOROUGH OF SPRING LAKE

A-48 September Term 2016 078711.

191 A.3d 547 (2018)

234 N.J. 317

Mary HARZ, Plaintiff-Respondent, v. BOROUGH OF SPRING LAKE, a municipal corporation of the State of New Jersey; and Philip Kavanaugh, Defendants-Appellants.

Supreme Court of New Jersey.

Decided June 26, 2018.

Reconsideration Denied September 24, 2018.

Attorney(s) appearing for the Case

Paul L. LaSalle, Matawan, argued the cause for appellants (Cleary Giacobbe Alfieri Jacobs, attorneys; Paul L. LaSalle, Matawan, on the briefs).

Roger J. McLaughlin, Wall, argued the cause for respondent (McLaughlin, Stauffer & Shaklee, attorneys; Roger J. McLaughlin on the brief, and Jeff Thakker, of counsel and on the brief).

In this appeal, we must determine whether a homeowner, who challenges the issuance of a zoning permit allowing construction on neighboring property, has a statutory right to be heard before the Borough's Planning Board, and if so, whether the violation of that right gives rise to an action under...

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