Subsequently, the board instituted this prerogative writ suit alleging that the council's action was arbitrary, capricious and a usurpation of the authority entrusted exclusively to the board by the Municipal Land Use Law. Defendant Evesham Township Council, after reviewing the record made below, reversed the board's decision and granted the requested variance. Defendants then pursued their statutory right to appeal from this decision to the governing body of the township. After a public hearing the application was denied. Desiring to use the property for office purposes, they applied to the township zoning board of adjustment for a (d) variance. Thomas Norman for defendant Evesham Township Council.ĭefendants Samuel, Edith and William Ruggierio are the purchasers of a building in Evesham Township situate within a district zoned exclusively for residential use. George Botcheos for defendants Ruggierio (Messrs. Hartman, Schlesinger, Schlosser & Faxon, attorneys). Harrington for intervenor-plaintiff Abele (Messrs. Thorndike for plaintiff Evesham Township Zoning Board of Adjustment (Messrs. Superior Court of New Jersey, Law Division. ABELE, PLAINTIFFS,ĮVESHAM TOWNSHIP COUNCIL, SAMUEL RUGGIERIO, EDITH RUGGIERIO, AND WILLIAM RUGGIERIO, DEFENDANTS. EVESHAM TOWNSHIP ZONING BOARD OF ADJUSTMENT AND WILBERT D.
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