WALLE v. BD. OF ADJ. TP. OF SO. BRUNSWICK


124 N.J. Super. 244 (1973)

306 A.2d 75

FRANK R. WALLE, RESPONDENT, v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF SOUTH BRUNSWICK, MIDDLESEX COUNTY, NEW JERSEY, MICHAEL J. MIHALCIK, BUILDING INSPECTOR OF THE TOWNSHIP OF SOUTH BRUNSWICK, MIDDLESEX COUNTY, NEW JERSEY, AND CITY COUNCIL OF THE TOWNSHIP OF SOUTH BRUNSWICK, MIDDLESEX COUNTY, NEW JERSEY, APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 12, 1973.


Attorney(s) appearing for the Case

Mr. Andre Wm. Gruber, attorney for appellants.

Messrs. Garrenger & Rosta, attorneys for respondent (Mr. Joseph J. Rosta, Jr., on the brief).

Before Judges CARTON, MINTZ and SEIDMAN.


PER CURIAM.

Defendant municipality, its board of adjustment and building inspector appeal from a judgment in favor of plaintiff property owner ordering the issuance of a certificate of occupancy by defendant municipal building inspector.

In 1963 plaintiff sought a variance to restore an existing masonry building for use as an automobile repair shop. Such repair shops were not then and are not now a permitted...

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