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STAFFORD SMITH v. ZONING BD., OF ADJUSTMENT OF BOR. OF MADISON

59 N.J. Super. 553 (1960)

158 A.2d 223

EDWARD B. STAFFORD SMITH, ET AL., PLAINTIFFS-RESPONDENTS, v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MADISON, DEFENDANT, AND FORTUNATUS S. KIRKPATRICK, WALKER J. WALLACE, ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1960.

Attorney(s) appearing for the Case

Mr. Charles M. Judge argued the cause for the defendants (Mr. Frank J. Valgenti, Jr., attorney).

Mr. J. William Barba argued the cause for the plaintiffs (Shanley and Fisher, attorneys).

No appearance for defendant Zoning Board of Adjustment of the Borough of Madison.

Before Judges PRICE, GAULKIN and SULLIVAN.

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

The individual defendants appeal from a summary judgment of the Superior Court, Law Division, which ordered a hearing by the Zoning Board of Adjustment of the Borough of Madison of plaintiffs' application for a variance. The board has taken no part in this appeal.

On November 19, 1957 plaintiffs filed an application under N.J.S.A. 40:55-39(d) for a variance to permit the construction of...

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