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MILLER v. BOONTON TP. BD. OF ADJUSTMENT

67 N.J. Super. 460 (1961)

171 A.2d 8

A. LEROY MILLER, PLAINTIFF-RESPONDENT, v. THE BOARD OF ADJUSTMENT OF THE TOWNSHIP OF BOONTON, ET AL., DEFENDANTS-RESPONDENTS, AND DIXON ASSOCIATES, INC., ETC., DEFENDANT-APPELLANT. DIXON ASSOCIATES, INC., ETC., PLAINTIFF-APPELLANT, v. THE BOARD OF ADJUSTMENT OF THE TOWNSHIP OF BOONTON, ET AL., DEFENDANTS-RESPONDENTS, AND A. LEROY MILLER, INTERVENOR-DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 15, 1961.

Attorney(s) appearing for the Case

Mr. William P. Westling argued the cause for appellant (Messrs. Slingland, Houman & Bernstein, attorneys; Mr. Garret C. Houman, of counsel; Mr. Westling, on the brief).

Mr. Clifford W. Starrett argued the cause for respondent A. LeRoy Miller (Messrs. Schenck, Smith & King, attorneys).

Before Judges GOLDMANN, FOLEY and DRENK.

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

Dixon Associates, Inc. ("Dixon") appeals from a judgment of the Law Division affirming the denial by the Boonton Township Board of Adjustment of its application for a variance to build a two-unit bathhouse along the southerly shoreline of Dixon's Pond on land located in an R-1 residential zone.

On May 13, 1958 the board of adjustment recommended to the township governing body that Dixon be granted...

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