TREMARCO CORPORATION v. GARZIO


32 N.J. 448 (1960)

161 A.2d 241

TREMARCO CORPORATION, A CORPORATION OF THE STATE OF DELAWARE, PLAINTIFF-APPELLANT v. JOHN A. GARZIO, BUILDING INSPECTOR OF THE TOWNSHIP OF EWING IN THE COUNTY OF MERCER AND THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EWING IN THE COUNTY OF MERCER, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 23, 1960.


Attorney(s) appearing for the Case

Mr. George H. Bohlinger, Jr., argued the cause for plaintiff-appellant (Messrs. Minton, Dinsmore & Bohlinger, attorneys).

Mr. Benjamin Forer argued the cause for defendants-respondents (Mr. Sanford Soren, of counsel).


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

This appeal is from a unanimous reversal by the Appellate Division of a judgment of the Superior Court, Law Division ordering defendants to reissue a building permit to plaintiff for the erection of a public garage and a gasoline station.

On June 17, 1959 plaintiff filed a notice of appeal and simultaneously a notice of petition for certification. Defendants thereafter moved to dismiss the appeal alleging...

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