MOLA v. REILEY


100 N.J. Super. 343 (1968)

241 A.2d 861

HENRY J. MOLA AND EILEEN MOLA, PLAINTIFFS, v. CLYDE REILEY, INDIVIDUALLY AND AS THE BUILDING INSPECTOR OF THE BOROUGH OF MOUNTAIN LAKES AND THE BOROUGH OF MOUNTAIN LAKES, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 10, 1968.


Attorney(s) appearing for the Case

Mr. Daniel E. Isles for plaintiffs (Messrs. Querques & Isles, attorneys).

Mr. Reginald Stanton for defendants (Messrs. Jeffers and Dillon, attorneys).


FRITZ, J.S.C.

Plaintiffs move for a summary judgment on their complaint in lieu of prerogative writs seeking mandamus to compel defendant Building Inspector of the Borough of Mountain Lakes to issue a building permit for the installation of a 5,000-gallon steel gasoline tank and pump in and on plaintiffs' premises, following his refusal to issue such a permit.

The single question is whether an owner is entitled as a matter of right to a building permit...

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