FANALE v. BOROUGH OF HASBROUCK HEIGHTS


26 N.J. 320 (1958)

139 A.2d 749

SALVATORE J. FANALE AND MARY K. FANALE, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. BOROUGH OF HASBROUCK HEIGHTS, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 17, 1958.


Attorney(s) appearing for the Case

Mr. Ralph W. Chandless argued the cause for appellant (Messrs. Chandless, Weller & Kramer, attorneys; Mr. Ralph W. Chandless, of counsel).

Mr. James A. Major argued the cause for respondents.


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

The complaint attacked the validity of a supplement to a zoning ordinance. While the action was pending plaintiffs applied for a variance or exception which was denied, and by amendment of the complaint they sought as well a review of that refusal. The trial judge found the supplement to be invalid and for that reason did not pass upon the action of the board of adjustment. The appeal challenges the judgment...

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