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SUESSERMAN v. NEWARK BD. OF ADJUSTMENT

61 N.J. Super. 28 (1960)

160 A.2d 143

HENRY SUESSERMAN, ET AL., PLAINTIFFS-RESPONDENTS, v. THE BOARD OF ADJUSTMENT OF THE CITY OF NEWARK, ET AL., DEFENDANTS, AND SIDNEY STEINER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 12, 1960.

Attorney(s) appearing for the Case

Mr. John J. Dios argued the cause for defendant-appellant (Messrs. Grasso, Agresti & Dios, attorneys).

Mr. George R. Handler argued the cause for plaintiffs-respondents.

Before Judges PRICE, SULLIVAN and FOLEY.

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

This appeal is taken from a judgment of the Law Division reversing the award of a zoning variance granted pursuant to N.J.S.A. 40:55-39(d).

On April 28, 1959 the Board of Adjustment of the City of Newark recommended to the municipal council that the defendant, Sidney Steiner, be granted permission to construct and operate a private automobile parking lot on a

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