Mullen v. The Ippolito Corporation, A-5823-10T3; Appellate Division; opinion by Fuentes, P.J.A.D.; decided and approved for publication September 10, 2012. Before Judges Fuentes, Graves and Koblitz. On appeal from the Law Division, Ocean County, L-3579-09. [Sat below: Judge Gizinski.] DDS No. 26-2-7634 [33 pp.]
Plaintiffs John Mullen and Howard Levine own a one-family house in an area of Point Pleasant Beach that is zoned exclusively for low-density residential use. Their residence is adjacent to the Driftwood Motel, a pre-existing nonconforming use owned and operated by defendant Ippolito Corporation, the principals of which are defendants Samuel and Paul Ippolito.
