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BEERS v. BD. OF ADJUST. OF WAYNE TP.

75 N.J. Super. 305 (1962)

183 A.2d 130

WALTER A. BEERS, PLAINTIFF-APPELLANT, v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WAYNE AND THE TOWNSHIP OF WAYNE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Preliminary Opinion Filed April 17, 1962.

Resubmitted June 13, 1962.

Decided July 5, 1962.

Attorney(s) appearing for the Case

Mr. Walter A. Beers argued the cause for appellant (Mr. Robert E. Beers, attorney).

Mr. Peter J. Van Norde argued the cause for respondent, Township of Wayne.

Mr. Walter F. Hoffman argued the cause for respondent, Board of Adjustment of the Township of Wayne.

Before Judges CONFORD, FREUND and LABRECQUE.

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

This is an action in lieu of prerogative writs which as tried in the Law Division consisted of an attack upon the refusal of the Wayne Township Board of Adjustment to grant plaintiff a variance from the minimum residential lot size and frontage requirements of the zoning ordinance, and, alternatively, upon the reasonableness and constitutionality of those provisions...

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