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PHILLIPS v. WESTFIELD BD. OF ADJUSTMENT

44 N.J. Super. 491 (1957)

130 A.2d 866

CHARLES ALAN PHILLIPS AND ELEANOR C. PHILLIPS, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. BOARD OF ADJUSTMENT OF THE TOWN OF WESTFIELD, ETC., ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 11, 1957.

Attorney(s) appearing for the Case

Mr. Irwin J. Silverlight argued the cause for the defendant-appellant, Board of Adjustment of the Town of Westfield (Mr. Robert S. Snevily, attorney; Mr. Jack J. Camillo, attorney for defendants-appellants Eckert).

Mr. Ira C. Moore, Jr., argued the cause for the plaintiffs-respondents (Messrs. Whiting, Moore & Phillips, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

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

The defendants appeal from a judgment of the Law Division of this Court, setting aside resolutions adopted by the Board of Adjustment of the Town of Westfield granting the application of the defendant, Margaret D. Eckert, for permission to erect a one-family dwelling on premises located on an unimproved street.

The facts are not in dispute. The defendants...

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