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BLACK v. TOWN OF MONTCLAIR

34 N.J. 105 (1961)

167 A.2d 388

ROBERT K. BLACK, ET AL., PLAINTIFFS-APPELLANTS, v. TOWN OF MONTCLAIR, A MUNICIPAL CORPORATION, ET AL., DEFENDANTS-RESPONDENTS, AND LACORDAIRE SCHOOL, A NEW JERSEY CORPORATION, INTERVENING DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 23, 1961.

Attorney(s) appearing for the Case

Mr. George K. Meier, Jr., argued the cause for the appellants.

Mr. Thomas A. O'Callaghan argued the cause for the respondents (Messrs. Howe & Davis, attorneys for intervening defendant-respondent Lacordaire School, etc.; Mr. Samuel Allcorn, Jr., attorney for defendants-respondents Town of Montclair, etc., et al.).

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

The plaintiffs appealed from a judgment of the Law Division which affirmed the action of Montclair's Board of Commissioners in approving the recommendation of its board of adjustment that a variance be granted to the Lacordaire School. The variance enabled the construction of a new school building on Lacordaire's premises at Lorraine Avenue and Park Street in Upper Montclair. We certified the appeal while it was...

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