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SCHMIDT v. BOARD OF ADJUSTMENT, CITY OF NEWARK

9 N.J. 405 (1952)

88 A.2d 607

LENA SCHMIDT AND ELSIE S. FISCHER, PLAINTIFFS-APPELLANTS, v. BOARD OF ADJUSTMENT OF THE CITY OF NEWARK, NEW JERSEY, C. ALFRED BATES, ZONING ENFORCEMENT OFFICER OF NEWARK, AND THE CITY OF NEWARK, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 5, 1952.

Attorney(s) appearing for the Case

Mr. Joseph Weintraub argued the cause for appellants (Mr. Charles S. Okin, attorney).

Mr. Joseph A. Ward argued the cause for respondents (Mr. Charles Handler, attorney).

The opinion of the court was delivered by HEHER, J.

The appeal concerns the propriety of the action taken by the local board of adjustment refusing plaintiffs leave to use their lands at the northeast corner of Lyons Avenue and Clinton Place, Newark, for the operation of a gasoline service station. The ruling was sustained by the Superior Court on a review in lieu of the prerogative writ of certiorari.

Proceeding on the hypothesis that "gasoline or...

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