MORIARTY v. POZNER


36 N.J. Super. 586 (1955)

116 A.2d 704

DANIEL J. MORIARTY, MORRIS E. SCHWARTZ AND MORTON GOLDSTEIN, PLAINTIFFS-APPELLANTS, v. JACK POZNER, SAM POZNER, BOARD OF ADJUSTMENT OF THE TOWNSHIP OF NORTH BERGEN, AND THE TOWNSHIP COMMISSION OF THE TOWNSHIP OF NORTH BERGEN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 15, 1955.


Attorney(s) appearing for the Case

Mr. George Heftler argued the cause for plaintiffs-appellants (Messrs. Platoff, Platoff & Heftler, attorneys; Mr. Jacob Green, on the brief).

Mr. Joseph C. Glavin argued the cause for defendants-respondents Jack Pozner and Sam Pozner (Messrs. Burke, Sheridan & Hourigan, attorneys).

Mr. Nicholas S. Schloeder argued the cause for defendant-respondent Township of North Bergen.

Before Judges GOLDMANN, FREUND and CONFORD.


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

Plaintiffs, three residents and taxpayers of North Bergen, instituted an action in the Law Division to set aside a zoning variance in favor of property of the defendants Pozner by resolution of the governing body of the township pursuant to recommendation by the board of adjustment. They appeal from a judgment in favor of the defendants.

The property which is the subject of the present litigation consists...

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