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WARD v. SCOTT

16 N.J. 16 (1954)

105 A.2d 851

GEORGE B. WARD, PLAINTIFF-APPELLANT, v. DONALD H. SCOTT, MAYOR, ET AL., CONSTITUTING THE TOWN COUNCIL OF THE TOWN OF BLOOMFIELD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; HOWARD WEIKEL, ET AL., CONSTITUTING THE BOARD OF ADJUSTMENT (ZONING) OF THE TOWN OF BLOOMFIELD; BROOKS C. MARTIN, BUILDING INSPECTOR OF THE TOWN OF BLOOMFIELD; AND LIGHAM CONSTRUCTION COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 14, 1954.

Attorney(s) appearing for the Case

Mr. Everett M. Scherer argued the cause for the appellant (Messrs. Riker, Emery & Danzig, attorneys; Mr. George H. Callahan, on the brief).

Mr. Fred A. Lorentz argued the cause for the respondent Ligham Construction Company (Messrs. Lorentz & Stamler, attorneys).

Mr. Thomas J. Markey argued the cause for the respondents Donald H. Scott, Mayor, et al., Constituting Town Council of the Town of Bloomfield; Howard Weikel, et al., Board of Adjustment (Zoning) of Bloomfield, and Brooks C. Martin, Building Inspector.

The opinion of the court was delivered by JACOBS, J.

On June 19, 1950 the Town Council of Bloomfield granted a variance to Ligham Construction Company pursuant to a recommendation of the Board of Adjustment under N.J.S.A. 40:55-39(d). This action was attacked in the Law Division but was sustained in an opinion which set forth the pertinent facts and the court's conclusion that the municipal bodies were justified...

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