ALPERIN v. MAYOR AND TP. COMMITTEE OF MIDDLETOWN TP.


91 N.J. Super. 190 (1966)

219 A.2d 628

MARTIN ALPERIN AND BARBARA ALPERIN, PLAINTIFFS, v. THE MAYOR AND TOWNSHIP COMMITTEE OF AND TOWNSHIP OF MIDDLETOWN, MONMOUTH COUNTY, NEW JERSEY, A MUNICIPALITY OF THE STATE OF NEW JERSEY, THE BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN, MONMOUTH COUNTY, NEW JERSEY, RICHARD W. SEUFFERT, INDIVIDUALLY, AND NEWTON A. MALLETT, INDIVIDUALLY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 5, 1966.


Attorney(s) appearing for the Case

Mr. Peter J. Edwardsen for plaintiffs.

Mr. Stanley Yacker for defendants (Mr. Vincent C. DeMaio, attorney).


HORN, J.S.C.

Plaintiffs brought their action to restrain defendants from enforcing one of two conditions imposed on them as conditions precedent to the granting of a variance to a zoning ordinance.

In May 1959 plaintiff Martin Alperin was a practicing physician. He and his wife Barbara acquired title to the land and the building thereon located on New Monmouth Road, a paved county highway, at its intersection with Oakwood Way, a township highway, in the Township...

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