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TULLO v. MILLBURN TP. CTY. OF ESSEX

54 N.J. Super. 483 (1959)

149 A.2d 620

HARVEY TULLO AND IRMGARD TULLO, HIS WIFE; ROBERT L. KLAAS AND VIVIAN KLAAS, HIS WIFE; LELAND G. SUTHERLAND AND DOROTHY SUTHERLAND, HIS WIFE; ARTHUR A. SCHUCK, AND OLIVE SCHUCK, HIS WIFE; JOHN O. BRENNAN AND EDNA BRENNAN, HIS WIFE; SUMNER H. WILLIAMS AND RUTH WILLIAMS, HIS WIFE; JACOB H. OXMAN AND KATHERINE OXMAN, HIS WIFE; AND WILLIAM R. SIMS AND MAE SIMS, HIS WIFE, PLAINTIFFS, AND MORRIS MESSING AND HELEN MESSING, HIS WIFE, PLAINTIFFS-APPELLANTS, v. THE TOWNSHIP OF MILLBURN IN THE COUNTY OF ESSEX, A MUNICIPAL CORPORATION OF NEW JERSEY, BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MILLBURN AND SHORT HILLS CLUB, A CORPORATION OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 6, 1959.

Attorney(s) appearing for the Case

Mr. Louis Bort argued the cause for plaintiffs-appellants.

Mr. Douglas M. Hicks argued the cause for defendant-respondent Short Hills Club (Mr. Joseph M. Kraft on the brief).

Mr. Harold M. Kain argued the cause for defendants-respondents Township of Millburn and Board of Adjustment.

Before Judges PRICE, HALL and GAULKIN.

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

This appeal is taken from a judgment of the Law Division in favor of defendants in an action in lieu of prerogative writ which sustained the recommendation of defendant board of adjustment and the approval by the Millburn Township Committee of a special exception to defendant Short Hills Club for the construction of an addition to its clubhouse and an outdoor swimming pool adjacent thereto. The plaintiffs below...

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