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BELLINGS v. DENVILLE TP.

96 N.J. Super. 351 (1967)

233 A.2d 73

IRVING BELLINGS AND MANNY SOLONDZ, PLAINTIFFS-APPELLANTS, v. THE TOWNSHIP OF DENVILLE IN THE COUNTY OF MORRIS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, RUSSELL L. LASH, BUILDING INSPECTOR OF THE TOWNSHIP OF DENVILLE, AND THE BOARD OF ADJUSTMENT OF THE TOWNSHIP OF DENVILLE IN THE COUNTY OF MORRIS AND STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Supplemental Briefs Filed April 18 and June 29, 1967.

Decided July 25, 1967.

Attorney(s) appearing for the Case

Mr. Joseph J. Vecchio argued the cause for appellants (Messrs. James, Wyckoff & Vecchio, attorneys).

Mr. James R. Hillas, Jr. argued the cause for respondent The Board of Adjustment of the Township of Denville (Messrs. Hillas & Thierfelder, attorneys).

Mr. Warren E. Dunn argued the cause for respondents The Township of Denville and Russell L. Lash, Building Inspector of the Township of Denville (Messrs. Dunn & Ambrose, attorneys).

Before Judges LEWIS, LABRECQUE and KOLOVSKY.

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

Plaintiffs appeal from a judgment of the Law Division which affirmed (1) the denial by the Denville Board of Adjustment of a special use exception and (2) the refusal of the Denville Township Committee to approve a recommended use variance, to permit erection by them of a contemplated 200-bed nursing and convalescent home.

Plaintiffs entered into a contract to purchase a nine-acre tract located in...

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