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LEONIA v. BOROUGH OF FORT LEE

56 N.J. Super. 135 (1959)

151 A.2d 540

BOROUGH OF LEONIA, PLAINTIFF-APPELLANT, v. BOROUGH OF FORT LEE, DEFENDANT-RESPONDENT, AND MAE BLAUVELT, EMMA MERKLE, FORTUNATO DIBARTOLO, VINCENT DIBARTOLO AND ROSE DIBARTOLO, INTERVENORS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 1, 1959.

Attorney(s) appearing for the Case

Mr. Bruce H. Losche argued the cause for appellant (Messrs. Westervelt & Leslie, attorneys; Mr. George F. Losche, of counsel).

Mr. William V. Breslin argued the cause for respondents (Mr. Breslin, attorney for respondent Borough of Fort Lee; Mr. Milton T. Lasher, attorney for intervenors-respondents Blauvelt and Merkle (Mr. William A. Fasolo, of counsel); Messrs. Monaghan and Monaghan, attorneys for intervenors-respondents DiBartolo).

Before Judges GOLDMANN, CONFORD and HANEMAN.

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

Plaintiff Borough of Leonia appeals from a judgment of the Superior Court, Law Division, holding valid a 1958 amendment to the zoning ordinance of defendant Borough of Fort Lee which rezoned from residential to business use a 100'-deep tract fronting on the west side of Bergen Boulevard. This thoroughfare constitutes State Highway 46 and part of U.S. Routes 1, 9 and 9W. It is one of the most heavily traveled...

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