MISTRETTA v. CITY OF NEWARK


33 N.J. Super. 205 (1954)

109 A.2d 677

PHILIP MISTRETTA, PLAINTIFF, v. THE CITY OF NEWARK, NEW JERSEY, THE BOARD OF ADJUSTMENT OF THE CITY OF NEWARK, NEW JERSEY, AND THE BERKELEY SAVINGS & LOAN ASSOCIATION OF NEWARK, NEW JERSEY, A CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 9, 1954.


Attorney(s) appearing for the Case

Mr. Abraham Alboum, attorney for the plaintiff.

Messrs. McGlynn, Weintraub & Stein, attorneys for plaintiff, by substitution (Mr. Edward R. McGlynn, appearing).

Mr. Sidney G. Goldberg, attorney for Philip Mistretta.

Mr. Vincent P. Torppey, attorney for defendants City of Newark, New Jersey, and the Board of Adjustment of the City of Newark, New Jersey.

Mr. Ralph H. Jacobson, attorney for defendant Berkeley Savings & Loan Association.


CAFIERO, J.S.C.

This is a proceeding in lieu of prerogative writs wherein it is claimed that the action of the Board of Commissioners of the City of Newark in granting a variance of its zoning ordinance was arbitrary, capricious and unreasonable.

The variance would permit the defendant, the Berkeley Savings and Loan Association, to establish a restricted non-commercial parking area on vacant land in the rear of its building at 86-88 Lyons Avenue, Newark, New...

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