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BD. OF ED. OF FORT LEE v. MAYOR, ETC., OF FORT LEE

31 N.J. Super. 22 (1954)

105 A.2d 899

BOARD OF EDUCATION OF THE BOROUGH OF FORT LEE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MAYOR AND COUNCIL OF THE BOROUGH OF FORT LEE, THE ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF FORT LEE, STEINER-MASSARI BUILDERS, INC., AND CLIFF HOUSE, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 1954.

Attorney(s) appearing for the Case

Mr. James A. Major argued the cause for the plaintiff-appellant, Board of Education of the Borough of Fort Lee.

Mr. William V. Breslin, attorney for Mayor and Council of the Borough of Fort Lee and the Zoning Board of Adjustment of the Borough of Fort Lee, defendants-respondents.

Mr. David S. Bate argued the cause for the defendants-respondents, Steiner-Massari Builders, Inc., and Cliff House, Inc. (Messrs. Boyd, Dodd, Keer & Booth, attorneys; Mr. Ernest F. Keer, Jr., of counsel).

Before Judges EASTWOOD, JAYNE and SMALLEY.

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

This is an appeal from a summary judgment of the Law Division dismissing plaintiff's complaint, filed in lieu of a prerogative writ, to set aside the action of the Borough of Fort Lee in 1949, granting a variance, on recommendation of the board of adjustment, to the owners of property adjacent to plaintiff's high school building, for the construction of an...

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