# Scully-Bozarth Post 1817 of the Veterans of Foreign Wars of the United States v. Planning Board

> New Jersey Superior Court Appellate Division · July 21, 2003 · 362 N.J. Super. 296

URL: https://www.frixlaw.com/law-library/cases/7323029

## Case

- **Full name:** SCULLY-BOZARTH POST 1817 OF THE VETERANS OF FOREIGN WARS OF THE UNITED STATES, PLAINTIFF-CROSS-APPELLANT v. PLANNING BOARD OF THE CITY OF BURLINGTON, DEFENDANT-CROSS-RESPONDENT MITCHELL AND SAMUELLA COHEN, KARL LAUER AND JEAN LAUER, JACK AND DIANE BLACKEBY, PAUL AND TINA FITZPATRICK, HELENE HALL AND JACK JERECHKO v. SCULLY-BOZARTH POST 1817 VFW, A NONPROFIT ORGANIZATION, BURLINGTON CITY PLANNING BOARD, A MUNICIPAL ENTITY, DEFENDANTS-RESPONDENTS, AND MATTHEW WISNIEWSKI, ZONING OFFICER OF THE CITY OF BURLINGTON
- **Court:** New Jersey Superior Court Appellate Division
- **Decided:** July 21, 2003
- **Citations:** 362 N.J. Super. 296; 827 A.2d 1129; 2003 N.J. Super. LEXIS 266
- **Precedential status:** Published
- **Opinion:** Concurrence by Wefing
- **Judges:** Lisa, Wefing
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7323029

## Opinion text

WEFING, J.A.D.,
concurring.
In the procedural context of this case, I agree with my colleagues’ conclusion that the trial judge should not have taken the *319 case away from the Burlington City Planning Board and decided the matter himself. In my judgment, the failure by the members of the Board to engage in any discussion or deliberation prior to easting their votes on December 19, 2001, was cured by the Board’s consideration of the VFW’s application for reconsideration on March 27, 2002.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7323029. Public record. Not legal advice.