CRECCA v. NUCERA


52 N.J. Super. 279 (1958)

145 A.2d 477

MICHAEL V. CRECCA AND MAFALDA CRECCA, HIS WIFE, FRANK J. DeVITA AND DOROTHY E. DeVITA, HIS WIFE, AND PHILIP J. RICCA, PLAINTIFFS-RESPONDENTS, v. JAMES NUCERA, BUILDING INSPECTOR OF THE TOWNSHIP OF LYNDHURST, COUNTY OF BERGEN, STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 28, 1958.


Attorney(s) appearing for the Case

Mr. Fred G. Stickel III argued the cause for defendant-appellant (Messrs. Stickel and Stickel, attorneys).

Mr. James A. Breslin argued the cause for plaintiffs-respondents.

Before Judges GOLDMANN, FREUND and CONFORD.


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

The question for determination is at what point in time, whether before or after the issuance of a building permit, and under what circumstances does a property owner secure an indefeasibly vested right protecting him for a subsequent, assumedly valid ordinance change which will inhibit or prohibit a use of his property?

Plaintiffs by their complaint in...

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