1. Home
  2. Browse Decisions
  3. N.J.
  4. 51 N.J.
  5. 51 N.J. Super. 560 (1958)
 

WHITEHEAD v. KEARNY ZONING BD. OF ADJUSTMENT

51 N.J. Super. 560 (1958)

144 A.2d 273

ALEXANDER R. WHITEHEAD, SADIE M. HERRINGTON, MILDRED L. FLIEDNER, JOSEPH RULLI, ALFRED GREENHALGH, JOHN STEVEN, WILLIAM P. SPEIRS, CHARLES SCHILLON, MAE MEYERS, JOHN KUCHMAS, ANN OLSON, FREDERICK R. HUNEKE, WILLIAM TAYLOR, PATRICK CASSIDY, MARY C. CONLEY, CLARA MADONN, MARY W. TURNBULL, JOHN H. MERCER, MARGARET THOMSON, RICHARD J. SILLIMAN, JOSEPH QUICK, AND CHARLES W. UHLIG, PLAINTIFFS-RESPONDENTS, v. ZONING BOARD OF ADJUSTMENT OF THE TOWN OF KEARNY, NEW JERSEY, AND MAYOR AND COUNCIL OF THE TOWN OF KEARNY, NEW JERSEY, DEFENDANTS-RESPONDENTS, AND TENNIS REALTY COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 7, 1958.

Attorney(s) appearing for the Case

Mr. David A. Rappeport argued the cause for respondents Whitehead et als.

Mr. Daniel Leff argued the cause for appellant (Messrs. Simandl and Leff, attorneys; Mr. Leff, of counsel).

Mr. Robert J. McCurrie filed a statement in lieu of brief for respondents zoning board of adjustment and mayor and council.

Before Judges STANTON, HALL and GAULKIN.

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

An applicant for a variance under R.S. 40:55-39, subd. d, as amended, brings this appeal from a judgment of the Law Division setting aside the variance granted by the council of the Town of Kearny on recommendation of the board of adjustment. The principal question involved is whether the statutory criteria were met, i.e., the existence, affirmatively, of sufficient "special reasons" and,...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases