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ZAHN v. NEWARK BOARD OF ADJUSTMENT

45 N.J. Super. 516 (1957)

133 A.2d 358

IRVING ZAHN AND IVY HILL PARK, SECTION THREE, INC., A NEW JERSEY CORPORATION, PLAINTIFFS-APPELLANTS, v. BOARD OF ADJUSTMENT OF THE CITY OF NEWARK, AND WILLIAM FIVERSON, ZONING OFFICER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 24, 1957.

Attorney(s) appearing for the Case

Mr. Aaron Lasser argued the cause for appellants (Mr. Arthur Slavitt, attorney; Messrs. Lasser and Lasser, of counsel).

Mr. Joseph A. Ward argued the cause for respondents (Mr. Vincent P. Torppey, attorney; Messrs. Alan Handler and Milton C. Yarrow, amici curiae).

Before Judges GOLDMANN, FREUND and CONFORD.

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

Plaintiffs instituted this action seeking an adjudication that the establishment by a commercial cleaner of a depot in the basement of a multi-family house, where clothing to be cleaned and pressed off-the-premises may be deposited, does not constitute doing business under the terms of the zoning ordinance of the City of Newark, or, if it be deemed doing business, for a reversal of the defendant board of adjustment...

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