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KREMER v. CITY OF PLAINFIELD

101 N.J. Super. 346 (1968)

244 A.2d 335

ROBERT S. KREMER, LENORE E. KREMER AND CENTRAL GULF SERVICE, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. CITY OF PLAINFIELD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THE BOARD OF ADJUSTMENT OF THE CITY OF PLAINFIELD, ALFRED SCHMIDT, BUILDING INSPECTOR OF THE CITY OF PLAINFIELD AND H.M.L. CORP., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 29, 1968.

Attorney(s) appearing for the Case

Mr. James D. Coffee, for the Plaintiffs (Messrs. Lindabury, McCormick & Estabrook, Attorneys).

Mr. Edward Sachar, for Defendants City of Plainfield and Alfred Schmidt, Building Inspector (Messrs. Sachar, Sachar & Bernstein, Attorneys).

Mr. Edward W. Beglin, Jr., for Defendant Board of Adjustment (Messrs. Crane and Beglin, Attorneys).

Mr. Martin E. Kestenbaum, for Defendant H.M.L. Corp. (Messrs. Abrams, Kestenbaum, Hendricks & Reina, Attorneys).

WOOD, WM. FILLMORE, J.C.C. (temporarily assigned).

This action is brought by the plaintiffs in lieu of prerogative writ to set aside the grant of a variance by the Common Council of the City of Plainfield (hereinafter called the Council) to the defendant H.M.L. Corp. (hereinafter called the applicant). The variance was recommended by the Board of Adjustment (hereinafter called the Board).

Plaintiffs contend (1) that the action of the Council was arbitrary...

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