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CELLA v. CEDAR GROVE BOARD OF ADJUSTMENT

45 N.J. Super. 585 (1957)

133 A.2d 389

AUGUST CELLA AND BEATRICE CELLA, PLAINTIFFS, v. TOWNSHIP OF CEDAR GROVE, BOARD OF ADJUSTMENT OF TOWNSHIP OF CEDAR GROVE, HENRY LOWE AND ELIZABETH LOWE, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided June 20, 1957.

Attorney(s) appearing for the Case

Mr. Myron W. Kronisch argued the cause for the plaintiffs.

Mr. Joseph M. Nolan argued the cause for defendant Township of Cedar Grove.

Mr. John D. Leslie, Jr., argued the cause for defendant Board of Adjustment of Township of Cedar Grove.

Mr. Joseph Bigel argued the cause for defendants Henry Lowe and Elizabeth Lowe (Messrs. Bruck and Bigel, attorneys).

WAUGH, J.S.C.

This is an action in lieu of prerogative writ wherein the plaintiffs seek to reverse the action of the Board of Adjustment of Cedar Grove whereby that body issued a certificate of occupancy to defendants Henry and Elizabeth Lowe, covering premises at No. 2 Robin Lane, Cedar Grove. By crossclaim, the defendant Township of Cedar Grove seeks the same relief.

The plaintiffs and the defendant Township of Cedar Grove now each move for summary judgment...

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