JOHN MULLEN AND HOWARD LEVINE VS. THE IPPOLITO CORPORATION, ET AL.A-5823-10T3
Plaintiffs, the owners of a single-family house adjacent to a preexisting nonconforming motel, filed an action in lieu of prerogative writs seeking mandamus relief against the Borough of Point Pleasant Beach and its zoning, construction, and dune protection officials. Plaintiffs claimed that, over a period of years, the municipal defendants ignored their numerous complaints that the motel was expanding its physical footprint and intensifying its business operations, all in violation of municipal zoning and dune protection ordinances.
The trial court granted the municipal defendants' motion for summary judgment finding that plaintiffs' complaint was untimely under Rule 4:69-6a, and for failure to exhaust administrative remedies under Rule 4:69-5. Relying on Garrou v. Teaneck Tryon Co., 11 N.J. 294 (1953), we now reverse and hold the trial court should not have dismissed plaintiffs' complaint against the municipal defendants. 09-10-12