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TREMARCO CORP. v. GARZIO

55 N.J. Super. 320 (1959)

150 A.2d 799

TREMARCO CORPORATION, A CORPORATION OF THE STATE OF DELAWARE, PLAINTIFF-RESPONDENT, v. JOHN A. GARZIO, BUILDING INSPECTOR OF THE TOWNSHIP OF EWING IN THE COUNTY OF MERCER AND THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EWING IN THE COUNTY OF MERCER, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 1959.

Attorney(s) appearing for the Case

Mr. Benjamin Forer argued the cause for defendants-appellants.

Mr. George H. Bohlinger, Jr. argued the cause for plaintiff-respondent (Messrs. Minton, Dinsmore & Bohlinger, attorneys).

Before Judges PRICE, CONFORD and GAULKIN.

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

This action in lieu of prerogative writ was submitted to the Superior Court, Law Division, upon a stipulation of facts and cross-motions for summary judgment. Summary judgment was entered in favor of plaintiff, ordering defendants to "forthwith re-issue to the plaintiff, Tremarco Corporation, a building permit for the erection of a two bay gasoline service station." Defendants appeal.

Defendants admit...

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