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MOCCO v. JOB

56 N.J. Super. 468 (1959)

153 A.2d 723

LOUIS MOCCO AND PAULINE MOCCO, HIS WIFE; EUGENE DEMBINSKI AND GLORIA DEMBINSKI, HIS WIFE; ROBERT E. RICH; AND W. JAMES HALL AND PHOEBE HALL, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. PASKO C. JOB AND ANN MARY JOB, HIS WIFE; THE MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF ALLENDALE; THE BOARD OF ADJUSTMENT OF THE BOROUGH OF ALLENDALE; AND EDWIN W. GROSMAN, BUIDING INSPECTOR OF THE BOROUGH OF ALLENDALE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 9, 1959.

Attorney(s) appearing for the Case

Mr. Ralph W. Chandless argued the cause for defendants-appellants (Messrs. Chandless, Weller & Kramer, attorneys).

Mr. Roy J. Grimley argued the cause for plaintiffs-respondents.

Before Judges PRICE, SULLIVAN and FOLEY.

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

Defendants appeal from a judgment of the Superior Court, Law Division, setting aside a variance which, under N.J.S.A. 40:55-39, subd. d, had been recommended by the Board of Adjustment of Allendale and approved by the mayor and council of that borough.

There is no substantial controversy as to the material facts. They are outlined in detail in an opinion of this court (Heagen v. Borough...

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