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ARDOLINO v. FLORHAM PARK BOARD OF ADJUSTMENT

24 N.J. 94 (1957)

130 A.2d 847

JOSEPH J. ARDOLINO AND CARMELLA ARDOLINO, HIS WIFE, PLAINTIFFS-APPELLANTS, v. BOARD OF ADJUSTMENT OF THE BOROUGH OF FLORHAM PARK, MORRIS COUNTY, NEW JERSEY, AND ALBERT P. COUVRETTE, BUILDING INSPECTOR AND ZONING OFFICER OF THE BOROUGH OF FLORHAM PARK, MORRIS COUNTY, NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 8, 1957.

Attorney(s) appearing for the Case

Mr. John B. Applegate argued the cause for the appellants (Besson & Applegate, attorneys).

Mr. Elden Mills argued the cause for the respondents (Mills & Mills, attorneys).

The opinion of the court was delivered by VANDERBILT, C.J.

The plaintiffs have appealed to this court as of right pursuant to R.R. 1:2-1(b) from the final judgment of the Appellate Division of the Superior Court affirming, but with a dissent, the judgment of the Law Division upholding the refusal of the Board of Adjustment of the Borough of Florham Park to permit a departure from the literal requirements of the borough zoning ordinance; see

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