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FISCHER v. TOWNSHIP OF BEDMINSTER

21 N.J. Super. 81 (1952)

90 A.2d 757

HERMAN W. FISCHER, PLAINTIFF, v. TOWNSHIP OF BEDMINSTER, IN THE COUNTY OF SOMERSET AND STATE OF NEW JERSEY, A MUNICIPAL CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided July 2, 1952.

Attorney(s) appearing for the Case

Mr. Edward Sachar, for the plaintiff.

Mr. Leon Gerofsky and Messrs. Wharton, Hall, Stewart & Halpern (Mr. T. Girard Wharton and Mr. William T. Stewart, Jr., appearing), for the defendant.

DANIEL J. BRENNAN, J.S.C.

This is a proceeding in lieu of prerogative writ.

The plaintiff attacks the zoning ordinance of the defendant township, in particular Article VII thereof providing as follows:

"In `B' Residence Zones, no building shall be constructed, reconstructed, or altered on a plot with an area of less than five acres or a width of less than 200 feet or so as to be nearer than 100 feet to...

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