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MAHLER v. BOROUGH OF FAIR LAWN

94 N.J. Super. 173 (1967)

227 A.2d 511

ARTHUR F. MAHLER, PLAINTIFF-RESPONDENT, v. THE BOARD OF ADJUSTMENT OF THE BOROUGH OF FAIR LAWN, AND THE BOROUGH OF FAIR LAWN, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1967.

Attorney(s) appearing for the Case

Mr. Robert L. Garibaldi, Legal Assistant, argued the cause for appellants (Mr. Floyd V. Amoresano, Borough Attorney, attorney).

Mr. James A. Major argued the cause for respondent (Messrs. Major & Major, attorneys).

Before Judges CONFORD, FOLEY and LEONARD.

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

This is an appeal from a judgment of the Law Division setting aside a determination by the Board of Adjustment of Fair Lawn: (a) construing the "home occupation" provision of the municipal zoning ordinance to prohibit plaintiff's proposed use, and (b) refusing an alternative application for a recommendation to the mayor and council for a variance allowing the...

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