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RIEDEL v. SHEERAN

73 N.J. Super. 105 (1962)

179 A.2d 174

HELEN F. RIEDEL, PLAINTIFF, v. JAMES A. SHEERAN, MAYOR, AND COMMISSIONERS JAMES D. TOPPING, EDWARD W. ROOS, LOUIS P. FALCONE AND WALTER A. QUINN, CONSTITUTING THE BOARD OF COMMISSIONERS OF THE TOWN OF WEST ORANGE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; EMILE KARAM, TERRENCE J. MULVEY, WILLIAM J. STRAUB, S. HARRISON ROLLINSON AND ALBERT H. BLAZE, CONSTITUTING THE BOARD OF ADJUSTMENT (ZONING) OF THE TOWN OF WEST ORANGE; ANDREW LEOSK, BUILDING INSPECTOR OF THE TOWN OF WEST ORANGE; ESSO STANDARD, DIVISION OF HUMBLE OIL AND REFINING COMPANY, A CORPORATION AUTHORIZED TO DO BUSINESS IN NEW JERSEY AND MARIE EDELHAUSER, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided March 8, 1962.

Attorney(s) appearing for the Case

Mr. Frank A. LaMorte for plaintiff (Messrs. Marzulli, Beninati & LaMorte, attorneys).

Mr. Arnold M. Smith, attorney for defendant Esso Standard, Division of Humble Oil and Refining Company.

GIULIANO, J.S.C.

This is a motion by Esso Standard, Division of Humble Oil and Refining Company, to dismiss certain portions of the complaint in an action in lieu of prerogative writs. For purposes of this motion the following factual statement is necessary.

Marie Edelhauser, one of the named defendants in this action, owns property at Prospect Street in West Orange, New Jersey. A gasoline station had been located on this property since a date prior to April...

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