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COHEN v. FAIR LAWN

85 N.J. Super. 234 (1964)

204 A.2d 375

BERTRAM I. COHEN AND HELENE COHEN, PLAINTIFFS-APPELLANTS, v. BOROUGH OF FAIR LAWN, A MUNICIPAL CORPORATION, ZONING BOARD OF ADJUSTMENT OF BOROUGH OF FAIR LAWN, FAIR LAWN DAIRIES, INC., A CORPORATION, AND FAIR LAWN-FARMLAND DAIRIES, INC., A CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 2, 1964.

Attorney(s) appearing for the Case

Mr. Seymour Cohen argued the cause for appellants.

Mr. James A. Major argued the cause for respondents Fair Lawn Dairies, Inc. and Fair Lawn-Farmland Dairies, Inc. (Messrs. Major & Major, attorneys; Mr. James A. Major, II, on the brief).

Before Judges CONFORD, KILKENNY and LEWIS.

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

Plaintiff property owners appeal from a judgment of the Superior Court, Law Division, affirming the action of the borough officials of Fair Lawn in 1963, in relieving defendant dairy company from a condition previously imposed in 1954 when it was granted a variance for erection of a refrigeration plant in a residential zone. That condition provided that the dairy company would not use ammonia or SO[2] in the...

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