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KELLER v. WESTFIELD

39 N.J. Super. 430 (1956)

121 A.2d 419

NELSON A. KELLER, PLAINTIFF-RESPONDENT, v. TOWN OF WESTFIELD, A MUNICIPAL CORPORATION, AND WILLIAM H. MAIR AND THELMA C. MAIR, HIS WIFE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 29, 1956.

Attorney(s) appearing for the Case

Mr. Alan Bruce Conlin argued the cause for the respondent (Mr. H. Frank Petit, attorney).

Mr. Robert S. Snevily argued the cause for the appellant Town of Westfield.

Mr. Irvine B. Johnstone, Jr., argued the cause for appellants William H. Mair and Thelma C. Mair (Messrs. Dughi & Johnstone, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

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

The Law Division invalidated a variance from the zoning ordinance of the Town of Westfield. It had been recommended by the board of adjustment and approved by the township committee.

The original section of the zoning ordinance involved permitted the construction or use of a building in a residence "A" zone for the office "of a professional person, such as a

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