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DOLAN v. DeCAPUA

16 N.J. 599 (1954)

109 A.2d 615

GEORGE A. DOLAN, ALICE DOLAN, HIS WIFE, ARCHIE H. ORMOND AND HELEN R. ORMOND, HIS WIFE, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. MICHAEL DeCAPUA, HELEN DeCAPUA, HIS WIFE, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, AND ROBERT T. WHITE, BUILDING INSPECTOR OF THE CITY OF EAST ORANGE, THE BOARD OF ADJUSTMENT OF THE CITY OF EAST ORANGE AND THE CITY COUNCIL OF THE CITY OF EAST ORANGE, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 6, 1954.

Attorney(s) appearing for the Case

Mr. Archie H. Ormond argued the cause for the plaintiffs-respondents and cross-appellants (Messrs. Ormond & Dippel, attorneys).

Mr. Vincent P. Biunno argued the cause for the defendants-respondents and cross-appellants, Michael and Helen DeCapua (Messrs. Lum, Fairlie & Foster, attorneys).

Mr. Walter C. Ellis argued the cause for the defendants-appellants and cross-respondents (Mr. Donald Karrakis, of counsel).

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

This appeal arises from a civil action, in lieu of prerogative writ, in the Superior Court, Law Division, brought principally to test the validity of a zoning variance. George A. Dolan, Alice Dolan, his wife, Archie H. Ormond and Helen R. Ormond, his wife (hereinafter referred to as the plaintiffs) instituted the action against Michael DeCapua and Helen DeCapua, his wife...

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