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KANTER v. CITY OF PASSAIC

107 N.J. Super. 556 (1969)

259 A.2d 497

MICHAEL KANTER, BENJAMIN KANTER, JANE KANTER AND MARIANNE KANTER, PARTNERS TRADING AS KANTER ASSOCIATES, PLAINTIFFS, v. CITY OF PASSAIC, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; BOARD OF ADJUSTMENT OF THE CITY OF PASSAIC; CITY OF PASSAIC REDEVELOPMENT AGENCY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; ELIAS DRAZIN; AND TABERON CORPORATION, A NEW JERSEY CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 17, 1969.

Attorney(s) appearing for the Case

Mr. Frank A. Carlet argued the cause for plaintiffs (Messrs. Goldman, Carlet & Garrison, attorneys).

Mr. Martin Klughaupt argued the cause for defendant Board of Adjustment of Passaic and all other defendants.

Mr. Otto F. Blazsek appeared for defendant City of Passaic and Elias Drazin.

Mr. Meyer Sugarman appeared for defendant City of Passaic Redevelopment Agency (Messrs. Friedbauer & Friedbauer, attorneys).

Mrs. Leslie W. Finch appeared for defendant Taberon Corporation (Messrs. Keenan and Finch, attorneys).

JOELSON, J.S.C.

Plaintiffs filed a complaint on April 16, 1969 seeking to set aside a variance granted by the Passaic Board of Adjustment to Taberon Corporation. Thereafter, on May 18, 1969 it filed a second complaint seeking to set aside certain other acts of the defendants which will be hereinafter described. Both actions are complaints in lieu of prerogrative writs and have been consolidated. This matter now comes before the court on cross-motions for

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