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PHILLIPS v. BD. OF ADJUSTMENT OF WESTFIELD

41 N.J. Super. 549 (1956)

125 A.2d 562

CHARLES ALAN PHILLIPS AND ELEANOR C. PHILLIPS, HIS WIFE, PLAINTIFFS, v. BOARD OF ADJUSTMENT OF THE TOWN OF WESTFIELD, A MUNICIPAL CORPORATION, AND HERBERT P. ECKERT, SR. AND MARGARET D. ECKERT, HIS WIFE, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided October 4, 1956.

Attorney(s) appearing for the Case

Messrs. Whiting, Moore & Phillips, attorneys for plaintiffs (Mr. Charles Alan Phillips, appearing).

Mr. Robert S. Snevily, attorney for defendant Board of Adjustment of the Town of Westfield.

Mr. Jack J. Camillo, attorney for defendants Herbert P. Eckert, Sr. and Margaret D. Eckert (Mr. Irwin J. Silverlight, of counsel and on the brief).

HUGHES, J.S.C.

This is a proceeding in lieu of prerogative writ to challenge the validity of an exception granted by a municipal board of adjustment from one of the restrictive provisions of the Official Map and Building Permit Act of 1953. The plaintiffs (Mr. and Mrs. Charles Alan Phillips, referred to for brevity as Phillips) own and reside in the improved property at 862 Rahway Avenue, in Westfield, which is the southwest corner of Rahway Avenue and Maine Street...

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