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BRANAGAN v. SCHETTINO, ET AL.

100 N.J. Super. 580 (1968)

242 A.2d 853

JOHN BRANAGAN, MARY BRANAGAN, JOHN WEHMANN, MILDRED WEHMANN, AND EUGENE ABBIATE, PLAINTIFFS-APPELLANTS, v. JOHN SCHETTINO, LENORA SCHETTINO, BOARD OF ADJUSTMENT OF THE BOROUGH OF FAIRVIEW, AND JOHN SARTOR. BUILDING INSPECTOR OF THE BOROUGH OF FAIRVIEW, DEFENDANTS-RESPONDENTS. JOHN WEHMANN, MILDRED WEHMANN, JOHN BRANAGAN, MARY BRANAGAN, AND EUGENE ABBIATE, PLAINTIFFS-RESPONDENTS, v. JOHN SCHETTINO, LENORA SCHETTINO, BOARD OF ADJUSTMENT OF THE BOROUGH OF FAIRVIEW, AND JOHN SARTOR, BUILDING INSPECTOR OF THE BOROUGH OF FAIRVIEW, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 3, 1968.

Attorney(s) appearing for the Case

Mr. Joseph C. Woodcock, Jr. argued the cause for plaintiffs (Messrs. Hart, Mandis, Rathe & Woodcock, attorneys).

Mr. Allan H. Klinger argued the cause for defendants Schettino (Messrs. Calissi, Gelman, Cuccio & Klinger, attorneys).

Before Judges CONFORD, COLLESTER and LABRECQUE.

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

These are two appeals, consolidated for argument, involving separate actions of the Board of Adjustment of Fairview in reference to the same property. In No. A-42-67, referred to hereinafter as the Branagan case, the Law Division, Bergen County, affirmed the grant of a "hardship" variance by the board under N.J.S.A. 40:55-39(c). in favor of the Schettinos, owners of a 25' x 112' lot, for the erection...

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