FACHER v. BATES


17 N.J. Super. 412 (1952)

86 A.2d 137

IRVING FACHER AND MARVIN FACHER, PLAINTIFFS, v. C. ALFRED BATES, AS SECRETARY OF THE BOARD OF ADJUSTMENT, AND U. HARRY PERLMUTTER, JOSEPH C. CAPRIO, FREDERICK D. KAWTHRA, ANDREW J. NOLAN, AND JOHN B. ROONEY, AS MEMBERS AND CONSTITUTING THE BOARD OF ADJUSTMENT OF THE CITY OF NEWARK, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 26, 1952.


Attorney(s) appearing for the Case

Mr. Philip Blank, attorney for the plaintiffs.

Mr. Charles Handler (Mr. Michael Breitkopf appearing), attorney for the defendants.


DANIEL J. BRENNAN, J.S.C.

This is a proceeding in lieu of prerogative writ to review the determination of the Board of Adjustment of the City of Newark dismissing the appeal of the plaintiffs, who had requested the issuance of a permit by the defendant C. Alfred Bates, secretary of the board, who had denied the application.

It appears that on January 31, 1951, the plaintiffs purchased premises commonly known and designated as 585-591 Broadway, in the City...

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