BATTAGLIA v. O'BRIEN


59 N.J. Super. 154 (1960)

157 A.2d 508

MARTIN BATTAGLIA AND SANTA BATTAGLIA, HIS WIFE, PLAINTIFFS-APPELLANTS, v. WILLIAM O'BRIEN, CITY OF ATLANTIC CITY, A MUNICIPAL CORPORATION, ET ALS., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 20, 1960.


Attorney(s) appearing for the Case

Mr. John Lloyd, Jr., argued the cause for plaintiffs-appellants (Messrs. Lloyd, Horn, Megargee & Steedle, attorneys; Mr. John Lloyd, Jr., of counsel).

Mr. Murray Fredericks argued the cause for defendant-respondent, City of Atlantic City and Louis F. Watson, Superintendent of Buildings of the City of Atlantic City.

Mr. Isaac C. Ginsburg argued the cause for defendant-respondent Board of Adjustment of the City of Atlantic City.

Mr. Daniel Bell, Jr., argued the cause for defendant-respondent, William O'Brien (Messrs. Kirkman, Mulligan, Bell & Armstrong, attorneys; Mr. Daniel Bell, Jr., of counsel).

Mr. Benjamin A. Rimm argued the cause for defendant-respondent, Raymond Wochner.

Before Judges PRICE, GAULKIN and FOLEY.


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

Plaintiffs appeal from a judgment in the Superior Court, Law Division, dismissing on its merits their action in lieu of prerogative writs, brought to review the legal propriety of a resolution of the Board of Commissioners of Atlantic City approving a zoning variance recommended by the board of adjustment. The variance authorized defendant William O'Brien to construct an addition to his automobile service station...

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