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SCHULTZE v. WILSON

54 N.J. Super. 309 (1959)

148 A.2d 852

ARTHUR C. SCHULTZE, PLAINTIFF-APPELLANT, AND CROSS-RESPONDENT, v. ROBERT WILSON, DEFENDANT-RESPONDENT AND CROSS-APPELLANT AND LEO A. BROWN AND BOROUGH OF KEYPORT, MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 2, 1959.

Attorney(s) appearing for the Case

Mr. Robert V. Carton argued the cause for plaintiff-appellant-cross respondent (Messrs. Durand, Ivins & Carton, attorneys).

Mr. Arthur J. Sills argued the cause for defendant-respondent-cross appellant, Robert Wilson (Messrs. Wilentz, Goldman, Spitzer & Sills, attorneys; Mr. Sills of counsel; Mr. Allen Ravin, on the brief).

Messrs. Applegate, Reussille, Cornwell & Hartman, attorneys for defendants-respondents, Leo A. Brown and Borough of Keyport, filed a statement in lieu of brief pursuant to R.R. 1:7-4(b).

Before Judges SCHETTINO, HALL and GAULKIN.

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

This is a proceeding in lieu of prerogative writ seeking to invalidate a building permit issued to defendant Wilson in 1954 by the borough's then building inspector, and to compel its surrender. Plaintiff also sought to restrain Wilson from proceeding with the continuance of erection of a certain structure on his premises and to compel the municipality and its present building inspector, defendant Brown,...

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