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HEAGEN v. BOROUGH OF ALLENDALE

42 N.J. Super. 472 (1956)

127 A.2d 181

EDWARD J. HEAGEN AND ANNE M. HEAGEN, HIS WIFE; LOUIS MACCO AND PAULINE MACCO, HIS WIFE; ROBERT E. RICH; JOHANNA PASK AND DURANT W. PASK, HER HUSBAND; ELIZABETH B. MORTON; MARIE T. DAVALA AND BERNARD J. DAVALA, HER HUSBAND; ADA SHILCOX; EUGENE DEMBINSKI AND GLORIA DEMBINSKI, HIS WIFE, PLAINTIFFS-CROSS APPELLANTS, v. BOROUGH OF ALLENDALE, A MUNICIPAL CORPORATION OF THE COUNTY OF BERGEN AND STATE OF NEW JERSEY; JOHN L. RUCKER, LEWIS KORT, FRANK P. McCORD, RICHARD VAN HOUTEN, HELEN HANSON, JOHN W. WATTLES AND PERRY P. CONKLIN, CONSTITUTING THE MAYOR AND COUNCIL OF SAID BOROUGH, AND DAVID M. COLBURN, JR., BUILDING INSPECTOR, DEFENDANTS-RESPONDENTS, AND MARY JOB, PASKO C. JOB AND ANN MARY JOB, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 21, 1956.

Attorney(s) appearing for the Case

Mr. Roy J. Grimley argued the cause for plaintiffs-cross appellants.

Mr. Ralph W. Chandless argued the cause for defendants-appellants Mary Job, Pasko C. Job and Ann Mary Job.

There was no appearance on behalf of the Borough of Allendale or of the borough officials, nor was any statement filed pursuant to R.R. 1:7-4.

Before Judges CLAPP, JAYNE and FRANCIS.

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

The plaintiffs in this action are residents and property owners of the Borough of Allendale. The defendants are the borough, its mayor, councilmen and building inspector, and also Mary Job, Pasko C. Job and Ann Mary Job. On February 14, 1929 Allendale adopted its original zoning ordinance. The defendants Pasko and Ann Job own a 2 1/2-story building, residential in appearance, which, notwithstanding some changes...

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