GUTTMAN v. BOROUGH OF BRADLEY BEACH


15 N.J. Super. 409 (1951)

83 A.2d 538

JOHN S. GUTTMAN AND JULIA GUTTMAN, PLAINTIFFS-APPELLANTS, v. BOROUGH OF BRADLEY BEACH, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 2, 1951.


Attorney(s) appearing for the Case

Mr. Jerome S. Lieb argued the cause for appellants (Messrs. Harkavy & Lieb, attorneys).

Mr. Irving S. Keith argued the cause for respondent.

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.


The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.A.D.

Plaintiffs brought this proceeding in lieu of mandamus in the Law Division to compel the defendant to issue a building permit to allow plaintiffs to lay a wooden floor in the cellar of a one-story dwelling house on the rear of a lot at 103 Third Avenue in Bradley Beach.

Plaintiffs acquired the property in 1928. The house then had no cellar. It was a two-family structure, occupied...

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