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AUCIELLO v. STAUFFER

58 N.J. Super. 522 (1959)

156 A.2d 732

ANTHONY AND JOSEPHINE AUCIELLO, HUSBAND AND WIFE, ET AL., PLAINTIFFS-APPELLANTS, v. JOSEPH E. STAUFFER, AND THE CITY OF JERSEY CITY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, IN THE COUNTY OF HUDSON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 22, 1959.

Attorney(s) appearing for the Case

Mr. Victor P. Mullica argued the cause for plaintiffs-appellants.

Mr. Theodore Rabinowitz argued the cause for defendant-respondent Joseph E. Stauffer (Mr. Philip Tulipan, attorney).

Mr. Ezra L. Nolan filed a brief for defendant-respondent City of Jersey City (Mr. Joseph W. Tumulty, attorney).

Before Judges CONFORD, FREUND and HANEMAN.

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

Plaintiffs sue to enjoin the defendant Stauffer from violating the zoning ordinance of the City of Jersey City and for a mandatory injunction against the defendant municipality to compel Stauffer to comply with the ordinance. Plaintiffs number some 43 property owners and residents in the immediate vicinity of an auto wrecking and used car sales business which...

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