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Sunday, October 14, 2012

JOHN MULLEN AND HOWARD LEVINE VS. THE IPPOLITO CORPORATION, ET AL. A-5823-10T3


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