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HASBROUCK HTS. HOSPITAL ASS'N v. HASBROUCK HTS.

27 N.J. Super. 476 (1953)

99 A.2d 591

THE HASBROUCK HEIGHTS HOSPITAL ASSOCIATION, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. THE BOROUGH OF HASBROUCK HEIGHTS IN THE COUNTY OF BERGEN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND ALFRED BROOME, BUILDING INSPECTOR OF THE BOROUGH OF HASBROUCK HEIGHTS, AND ROBERT I. RAFFORD, CLERK OF SAID BOROUGH, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 8, 1953.

Attorney(s) appearing for the Case

Mr. Dominick F. Pachella argued the cause for the plaintiff-appellant (Messrs. Pachella & Chary, attorneys).

Mr. Julius Kramer argued the cause for the defendants-respondents (Messrs. Chandless, Weller & Kramer, attorneys; Mr. Ralph W. Chandless, of counsel).

Before Judges EASTWOOD, JAYNE and FRANCIS.

The opinion of the court was delivered by EASTWOOD, S.J.A.D.

This appeal presents the issue of the propriety of the judgment of no cause of action entered by the Law Division, Bergen County, in an action attacking the validity of an amendment to the zoning ordinance prohibiting hospitals in residential zones and seeking the issuance of a permit to construct an extension to plaintiff's hospital building.

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