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BURTON v. TOWN OF MONTCLAIR

40 N.J. 1 (1963)

190 A.2d 377

BENJAMIN T. BURTON, PLAINTIFF-APPELLANT, v. TOWN OF MONTCLAIR, A MUNICIPAL CORPORATION, BOARD OF COMMISSIONERS OF THE TOWN OF MONTCLAIR, BOARD OF ADJUSTMENT OF THE TOWN OF MONTCLAIR, INSPECTOR OF BUILDINGS OF THE TOWN OF MONTCLAIR, AND MONTCLAIR ACADEMY FOUNDATION, INC., A CORPORATION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 23, 1963.

Attorney(s) appearing for the Case

Mr. Prospero DeBona argued the cause for plaintiff-appellant (Mr. John Milton, on the brief; Messrs. Milton, Keane & DeBona, attorneys).

Mr. Samuel Allcorn, Jr. argued the cause for the municipal defendants-respondents.

Mr. Dickinson R. Debevoise argued the cause for defendant-respondent Montclair Academy Foundation, Inc. (Mr. Peter N. Perretti, Jr., on the brief; Messrs. Riker, Danzig, Marsh & Scherer, attorneys).

The opinion of the court was delivered

PER CURIAM.

Montclair Academy Foundation, Inc., a New Jersey corporation not for pecuniary profit, conducts a private country day school for boys in grades 7 through 12, on a 5.7-acre tract of land located at the intersection of Bloomfield Avenue and Lloyd Road in Montclair, New Jersey. The Academy has been in existence at this site for 75 years and for the academic year 1961-1962 had a student body of 204 boys, 34.3...

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