MARROCCO v. BD. OF ADJUSTMENT OF CITY OF PASSAIC


5 N.J. Super. 94 (1949)

68 A.2d 470

HENRY F. MARROCCO, PLAINTIFF-RESPONDENT, v. BOARD OF ADJUSTMENT OF THE CITY OF PASSAIC, AND FRANK ACKERMAN, BUILDING INSPECTOR OF THE CITY OF PASSAIC, AND ESTHER LIPTON, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided September 28, 1949.


Attorney(s) appearing for the Case

Messrs. Edward A. Levy and Oscar R. Wilensky argued the cause for the defendants-appellants.

Mr. Aaron Heller argued the cause for the plaintiff-respondent (Mr. Peter N. Perretti, attorney).

Before Judges JACOBS, DONGES and BIGELOW.


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

This is an appeal from a judgment entered in the Law Division reversing the respondent Board of Adjustment's refusal to grant a variance from the terms of the zoning ordinance of the City of Passaic.

In March, 1948, the plaintiff held a contract to purchase premises located at 56-70 Passaic Avenue, Passaic, New Jersey, within a residence C zone. The contract contained a provision authorizing the plaintiff...

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