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DaPurificacao v. Zoning Board of Adjustment of the Township of Union

Superior Court of New Jersey
873 A.2d 582 (2005)


Facts

Manuel DaPurificacao (plaintiff) owned a single-family home in a residential zone in Union Township. DaPurificacao constructed a pigeon coop on his property and owned approximately 85 pigeons. Union Township cited DaPurificacao on the ground that the coop was not a permissible structure for a residential zone. The zoning ordinance stated that an accessory use was one that was incident to and subordinate to the primary use of the property. DaPurificacao applied to the Zoning Board of Adjustment of the Township of Union (defendant), seeking a determination that his pigeon coop was a permissible accessory use. At the time of the hearing, there were no other pigeon coops in the township of 52,000 people. The Board denied DaPurificacao’s application. DaPurificacao appealed the denial in court. The trial court affirmed the Board’s decision. DaPurificacao was found guilty in municipal court of violating the ordinance. DaPurificacao appealed both the trial court’s judgment and the municipal court’s conviction, and the appeals were consolidated.

Rule of Law

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Issue

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Holding and Reasoning (Fisher, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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