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OLSEN v. FAIR HAVEN

64 N.J. Super. 90 (1960)

165 A.2d 524

WILLIAM R. OLSEN, JR. AND MARY OLSEN, ET ALS., PLAINTIFFS-APPELLANTS, v. BOROUGH OF FAIR HAVEN, ET ALS., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 28, 1960.

Attorney(s) appearing for the Case

Mr. Milton Kosene argued the cause for plaintiffs-appellants.

Mr. William R. Blair, Jr., argued the cause for defendants-respondents Borough of Fair Haven and Thomas Carlock, Building Inspector of the Borough of Fair Haven (Messrs. Parsons, Labrecque, Canzona & Blair, attorneys).

Mr. Robert V. Carton argued the cause for defendants-respondents Allen Brothers, Inc. and Ronald Allen (Messrs. Durand, Ivins & Carton, attorneys; Mr. Louis P. Introcaso, on the brief).

Before Judges PRICE, GAULKIN and SULLIVAN.

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

This action in lieu of prerogative writ sought to have declared void a building permit issued to defendants Allen Brothers, Inc. and Ronald Allen by the building inspector of the borough of Fair Haven. At the trial, at the conclusion of plaintiffs' case, the trial judge granted defendants' motion for an involuntary dismissal, on the grounds that plaintiffs' suit was not commenced within time under R.R....

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