Summary
In Mountain Hill Prop. v. Tp. Comm. of Middletown, 63 N.J. 571 (1972), the township committee appealed to the Appellate Division a decision by the Law Division reversing the denial of a variance by the township committee.
Summary of this case from Evesham Township Zoning Board of Adjustment v. Evesham Township CouncilOpinion
Argued September 26, 1972 —
Decided September 26, 1972.
Appeal from Superior Court, Appellate Division.
Mr. James R. Minogue argued the cause for appellants, Middletown Council of Civic Associations, et al. ( Messrs. Minogue Deakin, attorneys; Mr. James R. Minogue, of counsel.)
Mr. Peter P. Frunzi, Jr., argued the cause for defendant-appellant.
Mr. Daniel J. O'Hern argued the cause for plaintiff-respondent ( Messrs. Abramoff, Apy O'Hern, attorneys.)
A petition for certification having been submitted to this Court, and the Court having considered the same,
It is hereupon Ordered that the petition for certification is granted ( 62 N.J. 80), and the matter is remanded to the Appellate Division with directions to grant the application to intervene and to hear the merits of the appeal at a short date to be fixed by the Appellate Division.
For reversal — Chief Justice WEINTRAUB and Justices JACOBS, PROCTOR, HALL and MOUNTAIN and Judges CONFORD and SULLIVAN — 7.
Opposed — None.