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STALFORD v. BARKALOW

31 N.J. Super. 193 (1954)

106 A.2d 342

ALFRED STALFORD, AND RITA M. STALFORD, PLAINTIFFS-APPELLANTS, v. CHARLES BARKALOW, BUILDING INSPECTOR OF THE BOROUGH OF DEAL, AND THE BOROUGH OF DEAL, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 1954.

Attorney(s) appearing for the Case

Mr. Melville J. Berlow argued the cause for the plaintiffs-appellants.

Mr. William J. O'Hagan argued the cause for the defendant-respondent (Messrs. Stout & O'Hagan, attorneys).

Before Judges CLAPP, SMALLEY and SCHETTINO.

The opinion of the court was delivered by SMALLEY, J.S.C. (temporarily assigned).

This is an action in lieu of a prerogative writ to compel the issuance of a building permit. The matter came on in the Law Division on stipulated facts, the trial court sustained the denial of the permit, and the plaintiffs appeal.

Plaintiffs own property in a fashionable section of Deal which consists of a lot with a frontage of 150 feet by a depth of 200 feet, known as 50 Ocean...

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