SEXTON v. BATES


17 N.J. Super. 246 (1951)

85 A.2d 833

ISAAC JOSEPH SEXTON, PHILIP BLUEM, ISIDORE MILLER, JOSEPH MILLER, LOUIS HEYMAN, DEBORAH RUBIN, VICTOR R. LEVEY AND MARY B. LEVEY, HIS WIFE, FRED N. NICOLACOPULOS AND ANNA GRANT, PLAINTIFFS, v. C. ALFRED BATES, ZONING OFFICER OF THE CITY OF NEWARK, FREDERICK BIGELOW, BUILDING INSPECTOR OF THE CITY OF NEWARK, BOARD OF ADJUSTMENT OF THE CITY OF NEWARK, ESSEX COUNTY RITUALARIUM SYNAGOGUE, AN UNINCORPORATED ASSOCIATION, AND ESSEX COUNTY RITUALARIUM SYNAGOGUE, A CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 31, 1951.


Attorney(s) appearing for the Case

Messrs. Koehler, Augenblick & Freedman (Mr. Bernard Freedman appearing), attorneys for plaintiffs.

Mr. Charles Handler, attorney for municipal defendants.

Messrs. Hodes & Hodes (Mr. Samuel I. Kessler of counsel), attorneys for defendants Essex County Ritualarium Synagogue, an unincorporated association, and Essex County Ritualarium Synagogue, a body corporate.


EWART, J.S.C.

This suit, in lieu of the old writ of certiorari, seeks to review the legality of the action of C. Alfred Bates, Zoning Officer of the City of Newark, in having approved, and the action of Frederick Bigelow, Building Inspector of the City of Newark, in having issued on July 2, 1951, a permit to the defendant Essex County Ritualarium Synagogue, an unincorporated association, authorizing alterations in the one-family dwelling house erected at 130...

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