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THERESA GROTTA HOME v. BD. OF ADJ., N. CALDWELL

19 N.J. Super. 331 (1952)

88 A.2d 355

THERESA GROTTA HOME FOR CONVALESCENTS, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. BOARD OF ADJUSTMENT OF THE BOROUGH OF NORTH CALDWELL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 1952.

Attorney(s) appearing for the Case

Mr. Milton H. Stern argued the cause for the respondent (Messrs. Hannoch & Lasser, attorneys).

Mr. H. Edward Toner argued the cause for the appellant (Mr. Malcolm J. Robbins on the brief; Mr. Walter G. Brandley, attorney).

Before Judges EASTWOOD, BIGELOW and FRANCIS.

FRANCIS, J.C.C.

The respondent sought a variance from the zoning ordinance of the Borough of North Caldwell. Hearing on the application was held by the board of adjustment on June 28, 1951. On July 24, 1951, the board deposited a decision in its office, containing a refusal to recommend the variance. On September 17, 1951, 55 days thereafter, respondent filed a complaint in lieu of certiorari in the Superior Court, seeking a review of the adverse ruling.

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