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ABEL v. ELIZABETH BD. OF WORKS

63 N.J. Super. 500 (1960)

164 A.2d 764

DR. HENRI E. ABEL, JOHN SZOSTEK AND JOSEPH BUTT, PLAINTIFFS-APPELLANTS, v. BOARD OF WORKS OF CITY OF ELIZABETH, MAYOR OF THE CITY OF ELIZABETH, THE CITY OF ELIZABETH, BUILDING INSPECTOR JOHN T. BENESCH OF THE CITY OF ELIZABETH, VISITING NURSE ASS'N OF EASTERN UNION COUNTY, UNION COUNTY TRUST COMPANY, UNION COUNTY SAVINGS BANK, AND JERSEY MORTGAGE COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Supplemental Briefs Submitted October 27, 1960.

Decided October 31, 1960.

Attorney(s) appearing for the Case

Mr. Joseph Butt argued the matter for appellants.

Mr. H. Russell Morss, Jr., argued the cause for respondents Union County Trust Company, Union County Savings Bank and Jersey Mortgage Company (Messrs. O'Connor, Morss & O'Connor, attorneys).

Before Judges GOLDMANN, CONFORD and KILKENNY.

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

Plaintiffs appeal from a Law Division judgment dismissing their proceeding in lieu of prerogative writs attacking the validity of an amendment to the Elizabeth zoning ordinance.

I.

The Elizabeth Board of Public Works is, under the city charter and appropriate legislation, the municipal legislative body insofar as zoning is concerned. On July...

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