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CUMMINS v. BD. OF ADJUSTMENT OF BOR. OF LEONIA

39 N.J. Super. 452 (1956)

121 A.2d 405

JOSEPH CUMMINS AND BALTIMORE HOLDING COMPANY, A NEW JERSEY CORPORATION, PLAINTIFFS-RESPONDENTS, v. BOARD OF ADJUSTMENT OF THE BOROUGH OF LEONIA, COUNTY OF BERGEN AND STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 15, 1956.

Attorney(s) appearing for the Case

Mr. James A. Major argued the cause for appellant (Messrs. Westervelt and Leslie, attorneys).

Mr. Herbert L. Smith argued the cause for respondents.

Before Judges GOLDMANN, FREUND and CONFORD.

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

This appeal presents a further development of plaintiffs' attempt to obtain permission to use their vacant lot on the south side of Hillside Avenue, Leonia, located in a one-family residence zone, as a driveway and parking lot for business purposes. The zoning officer initially refused such permission; there was an appeal to the local zoning board for a variance under N.J.S.A. 40:55-39(c) ...

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