Berkeley Square Ass'n v. Zoning Board of Adjustment of Trenton

The opinion of the court was delivered by

STERN, P.J.A.D.

Plaintiff, Berkeley Square Associates, appeals from a judgment of December 15, 2008, granting summary judgment to defendants and dismissing its complaint with prejudice. The case deals with the issuance of permits to “rehabilitate” a twenty-unit residential apartment to defendant Michael Barminko. Plaintiff neighborhood association opposed the “reconstruction” on the grounds the underlying nonconforming use had been abandoned as a result of a tax foreclosure and the building’s subsequent vacancy and disrepair. Plaintiff argues that “a…