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Tobin v. Paparone Construction Co.

349 A.2d 574 (1975)

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Tobin v. Paparone Construction Co.

New Jersey Superior Court

349 A.2d 574 (1975)

Facts

On December 6, 1973, Paparone Construction Co. (defendant), the builder and developer of an affluent new neighborhood, conveyed the lot and house located at 1916 Country Club Drive to Shefter (defendant). Paparone encouraged Shefter to have his house built in a certain way on the lot to allow space for the construction of a tennis court on the lot as well. On March 25, 1974, Paparone sold the adjoining house and lot at 1918 Country Club Drive to Tobin (plaintiff), and Tobin took immediate possession. During the sale to Tobin, Paparone did not disclose that Shefter would be building a tennis court on the adjoining lot. On March 22, 1974, three days prior to Tobin’s closing on his lot, Shefter applied for a zoning variance from the board of adjustment to allow the tennis court to be constructed within one foot of the common boundary line and to construct a 10-foot fence around the court. Tobin did not receive notice of Shefter’s application from the board of adjustment or from Paparone. The board of adjustment approved Shefter’s variance application, and in July of 1974, Shefter constructed the tennis court and fence. In August of 1974, Tobin filed a lawsuit against both Paparone and Shefter.

Rule of Law

Issue

Holding and Reasoning (King, J.)

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