KRAMER v. TOWN OF MONTCLAIR


33 N.J. Super. 16 (1954)

109 A.2d 292

EDWARD KRAMER, PLAINTIFF-RESPONDENT, v. TOWN OF MONTCLAIR, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 10, 1954.


Attorney(s) appearing for the Case

Mr. George K. Meier, Jr., argued the cause for plaintiff-respondent.

Mr. Robert B. Shepard, Jr., argued the cause for defendant-appellant.

Before Judges CLAPP, JAYNE and FRANCIS.


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

This is a zoning case raising one question: is a nonconforming right to use certain premises for the parking of 1 1/2-ton trucks violated by the parking there of 6-ton trucks. The trial court found no violation, and the defendant, the Town of Montclair, appeals.

The premises are in a residential zone in which the commercial storage of motor vehicles is prohibited. Under the nonconforming right, however...

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