SCHOELPPLE v. WOODBRIDGE TWP.


60 N.J. Super. 146 (1960)

158 A.2d 338

ERIC SCHOELPPLE, MARY SCHOELPPLE, AUGUSTINE LAVIN, HELEN LAVIN, JOHN BALLEK AND JOAN BALLEK, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF WOODBRIDGE, A MUNICIPAL CORPORATION, AND MAR-RAY INC., A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 1960.


Attorney(s) appearing for the Case

Mr. Sam Weiss argued the cause for the appellants (Messrs. Garretson, Levine & Deegan, attorneys; Mr. Joseph F. Deegan, Jr., of counsel).

Mr. Nathan Duff argued the cause for respondent Township of Woodbridge; Mr. Joseph M. Feinberg argued the cause for respondent Mar-Ray Inc. (Mr. Sanford Halberstadter on the brief).

Before Judges PRICE, GAULKIN and SULLIVAN.


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

Plaintiffs appeal from the judgment of the Superior Court, Law Division, upholding a variance granted under N.J.S.A. 40:55-39(d) to Mar-Ray Inc. to build an A. & P. supermarket in a residence zone.

The premises for which the variance was granted are known as Lots 28, 12 and 13 in Block 414 on the Woodbridge tax maps. They are described...

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