CONCORD GARDEN APARTMENTS v. BOARD OF ADJUSTMENT


1 N.J. Super. 301 (1949)

64 A.2d 355

CONCORD GARDEN APARTMENTS, ALBERT MELTZER AND PAULINE MELTZER, PLAINTIFFS-APPELLANTS, v. THE BOARD OF ADJUSTMENT OF THE CITY OF ENGLEWOOD, AND THE CITY OF ENGLEWOOD, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 1949.


Attorney(s) appearing for the Case

Mr. Jacob Schneider argued the cause for the plaintiffs-appellants (Messrs. Schneider and Schneider, attorneys).

Mr. LeRoy B. Huckin, attorney for the defendants-respondents, argued the cause.

Before Judges JACOBS, EASTWOOD and BIGELOW.


The opinion of the court was delivered by EASTWOOD, J.A.D.

Certiorari was allowed by the former Supreme Court to review the action of the Board of Adjustment of the City of Englewood, denying plaintiffs' application for a variance from its zoning ordinance to permit plaintiffs to erect and construct a two-story garden type apartment house for thirty-six families. The Building Inspector had previously refused to grant...

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