GIORDANO v. CITY COM. OF THE CITY OF NEWARK


11 N.J. Super. 276 (1951)

78 A.2d 317

ROSINA GIORDANO, PLAINTIFF, v. CITY COMMISSION OF THE CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, WILLIAM SCHORN, ZONING ENFORCEMENT OFFICER OF THE CITY OF NEWARK, UNITED AMERICANS CLUB, UNITED AMERICANS CLUB HOLDING COMPANY, INC., PASQUALE PANACCIONE AND JOSEPH MANGANI, TRADING AS PANACCIONE & MANGANI, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 16, 1951.


Attorney(s) appearing for the Case

Mr. Carl F. Nitto, attorney for plaintiff.

Mr. Charles Handler, Corporation Counsel of the City of Newark (Mr. Joseph A. Ward, of counsel), attorney for defendants City Commission of the City of Newark and William Schorn, Zoning Enforcement Officer of the City of Newark.

Mr. Mario V. Farco, attorney for United Americans Club and United Americans Holding Company, Inc.

Mr. Joseph A. Rotonda, attorney for Joseph Mangani.


DANIEL J. BRENNAN, J.S.C.

This is a proceeding in lieu of prerogative writ.

It appears that some time prior to April 13, 1948, United Americans Club applied to the Building Inspector of the City of Newark for a permit to erect a building at 235 Clifton Avenue in the City of Newark. The permit was issued in due course. Construction began on the building and in the course of construction it was discovered that the building was being erected beyond the setback...

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