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UNIVERSAL HOLDING CO. v. NORTH BERGEN TP.

55 N.J. Super. 103 (1959)

150 A.2d 44

UNIVERSAL HOLDING CO., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. TOWNSHIP OF NORTH BERGEN AND EUGENE A. AGRESTA, BUILDING INSPECTOR OF THE TOWNSHIP OF NORTH BERGEN, DEFENDANTS-APPELLANTS. SCHWARTZ-SNIDERMAN, INC., A CORPORATION OF NEW JERSEY, THIRD PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 31, 1959.

Attorney(s) appearing for the Case

Mr. Nicholas S. Schloeder argued the cause for defendants-appellants.

Mr. Joseph Keane argued the cause for plaintiff-respondent (Messrs. Milton, McNulty and Augelli, attorneys).

Mr. Sydney I. Turtz argued the cause for third party defendant-respondent (Messrs. Cohen and Turtz, attorneys).

Before Judges GOLDMANN, CONFORD and FREUND.

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

This action began as a complaint in the Chancery Division by a property owner to restrain the defendant municipality from taking steps to interfere with the use being made by plaintiff or its tenant of certain premises on 81st Street, North Bergen, as supposedly in violation of the local zoning ordinance, and for a declaration of the legality of the existing commercial use of the property under the ordinance...

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