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BOROUGH OF ROSELLE PK. v. TP. OF UNION

113 N.J. Super. 87 (1970)

272 A.2d 762

THE BOROUGH OF ROSELLE PARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. THE TOWNSHIP OF UNION, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; THE BOARD OF ADJUSTMENT OF THE TOWNSHIP OF UNION AND UNION SENIOR CITIZENS HOUSING CORPORATION AND LOUIS J. GIACONA, BUILDING INSPECTOR OF THE TOWNSHIP OF UNION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 11, 1970.

Attorney(s) appearing for the Case

Mr. Alfonso L. Pisano for plaintiff (Messrs. Pisano & Triarsi, attorneys).

Mr. Abraham H. Sles for defendant Union Senior Citizens Housing Corporation.

Mr. Julius R. Pollatschek for defendant Township of Union and Louis J. Giacona, Building Inspector of the Township of Union (Messrs. Kein, Scotch, Pollatschek, Iacopino and Kein, attorneys).

Mr. Arthur J. Sabatino for defendant Board of Adjustment of the Township of Union.

FELLER, J.S.C.

This is an action in lieu of prerogative writs instituted by the Borough of Roselle Park challenging the granting of a variance by the Township Committee of the Township of Union.

Plaintiff contends that it is a municipality adjoining the Township of Union and that defendant Union Senior Citizens Housing Corporation made application to the Union Township Zoning Board of Adjustment for a recommendation of a variance to construct a three-story...

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