MARTIN v. CESTONE


33 N.J. Super. 267 (1954)

110 A.2d 54

BROOKS C. MARTIN, BUILDING INSPECTOR OF THE TOWN OF BLOOMFIELD, NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANTHONY CESTONE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 3, 1954.


Attorney(s) appearing for the Case

Mr. David A. Rappeport argued the cause for plaintiff-respondent (Mr. Thomas J. Markey, attorney).

Mr. Murray A. Laiks argued the cause for defendant-appellant (Messrs. Heller & Laiks, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.


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

The issue here — involving the law of zoning — is whether a nonconforming right to use a parcel of land for the storage outdoors of heavy equipment, is to be limited to that portion of the parcel which was used for that purpose when the zoning ordinance was adopted. The County Court, on appeal from a municipal court, held that in using the remainder...

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