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SMILOW v. CITY OF ORANGE PLANNING BOARD

58 N.J. Super. 108 (1959)

155 A.2d 560

MARC R. SMILOW, PLAINTIFF-RESPONDENT, v. CITY OF ORANGE PLANNING BOARD, BOARD OF COMMISSIONERS OF THE CITY OF ORANGE, DEFENDANTS-APPELLANTS, AND DERBRO, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 16, 1959.

Attorney(s) appearing for the Case

Mr. Edmond J. Dwyer argued the cause for defendant-appellant, Derbro, Inc.

Mr. John R. Murray argued the cause for defendants-appellants, City of Orange Planning Board and Board of Commissioners (Mr. Thomas P. Kelly, on the brief).

Mr. Herbert L. Zuckerman argued the cause for plaintiff-respondent.

Before Judges GOLDMANN, FREUND and HANEMAN.

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

On November 1, 1958 Derbro, Inc. (Derbro), the owner of a lot in the City of Orange known as lot 4, block 205, and located at 621 Berkeley Avenue, applied to the City of Orange Planning Board for approval of a subdivision thereof into three lots. This proposed subdivision was submitted to the planning board as a minor subdivision under Article IV of the land...

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