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SECOND REFORMED CHURCH v. BD. OF ADJUSTMENT

30 N.J. Super. 338 (1954)

104 A.2d 703

SECOND REFORMED CHURCH, WEST MAIN STREET, FREEHOLD, NEW JERSEY, ET AL., PLAINTIFFS-RESPONDENTS, v. BOARD OF ADJUSTMENT OF THE BOROUGH OF FREEHOLD, ET ANO., DEFENDANTS, AND ALLEN BROTHERS, INC., A BODY CORPORATE OF THE STATE OF NEW JERSEY, AND RICHARD B. CLARK, INTERVENERS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 1954.

Attorney(s) appearing for the Case

Mr. Robert V. Carton argued the cause for plaintiffs-respondents (Messrs. Durand, Ivins & Carton, attorneys).

Mr. William R. Blair, Jr., argued the cause for interveners-appellants (Messrs. Parsons, Labrecque, Canzona & Combs, attorneys).

Before Judges EASTWOOD, JAYNE and CLAPP.

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

This action in lieu of prerogative writ was brought to review a decision of a board of adjustment granting a zoning variance as to certain property. The court below reversed the board; and the owner of the property and the holder of an option on it, appeal.

Appellants' first point has to do with the rule, now R.R. 4:88-15(b)(3), by which actions...

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