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MAYER v. TOWN OF MONTCLAIR BD. OF ADJUSTMENT

32 N.J. 130 (1960)

160 A.2d 30

ABRAHAM MAYER AND BARNEY MAYER AND THE OSBORNE & MARSELLIS CORPORATION, A NEW JERSEY CORPORATION, PLAINTIFFS-RESPONDENTS, v. BOARD OF ADJUSTMENT OF THE TOWN OF MONTCLAIR, IN THE COUNTY OF ESSEX, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided April 4, 1960.

Attorney(s) appearing for the Case

Mr. Samuel Allcorn, Jr. argued the cause for the defendant-appellant.

Mr. Samuel Rosenblatt argued the cause for the plaintiffs-respondents (Mr. Samuel Rosenblatt, attorney for plaintiffs-respondents Abraham Mayer and Barney Mayer; Mr. Nicholas H. Hagoort, Jr., of counsel. Messrs. Porter and Hobart, attorneys for plaintiff-respondent The Osborne & Marsellis Corporation; Mr. Newton H. Porter, Jr., of counsel).

The opinion of the court was delivered by BURLING, J.

This case arises out of the Montclair Board of Adjustment's denial of plaintiffs Mayers' application for a zoning variance under N.J.S.A. 40:55-39(d). Mayers are purchasers from plaintiff Osborne & Marsellis Corporation under a contract of sale concerning the land in question, which contract, however, is conditioned for performance upon the Mayers' obtaining...

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