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KOHL v. MAYOR AND COUNCIL OF BOROUGH OF FAIR LAWN

50 N.J. 268 (1967)

234 A.2d 385

LEONARD KOHL, PLAINTIFF-APPELLANT, v. MAYOR AND COUNCIL OF THE BOROUGH OF FAIR LAWN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THE BOARD OF ADJUSTMENT OF THE BOROUGH OF FAIR LAWN, NICHOLAS POSTMA, BUILDING INSPECTOR OF THE BOROUGH OF FAIR LAWN, AND FAIR LAWN DAIRIES, INC., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided October 23, 1967.

Attorney(s) appearing for the Case

Mr. Howard Stern argued the cause for plaintiff-appellant (Messrs. Shavick, Thevos, Stern, Schotz & Steiger, attorneys; Mr. Howard Stern, of counsel).

Mr. James A. Major argued the cause for defendant-respondent, Fair Lawn Dairies, Inc. (Messrs. Major & Major, attorneys; Mr. James A. Major, of counsel; Mr. James A. Major II on the brief).

The opinion of the court was delivered by PROCTOR, J.

By this action in lieu of prerogative writs, plaintiff challenges the grant of a zoning variance which permits the defendant, Fair Lawn Dairies, Inc. (Dairies), to expand its nonconforming industrial use in a residential zone in the defendant Borough of Fair Lawn. Plaintiff is a resident and taxpayer of the Borough and owns a home within 200 feet of Dairies' nonconforming milk processing and bottling plant.

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