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YATES v. FRANKLIN TP. BD. OF ADJ.

112 N.J. Super. 156 (1970)

270 A.2d 642

STEPHEN L. YATES AND PRISCILLA YATES, LEO FLYNN AND BARBARA FLYNN, ARTHUR BLOM AND JANET BLOM, MICHAEL LIVAK AND JOSEPHINE LIVAK, THORLIEF CHRISTENSEN AND MARION CHRISTENSEN, ANDREW CLIFFER AND JOAN CLIFFER AND PAUL MARTIAN AND KATHERINE MARTIAN, PLAINTIFFS, v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF FRANKLIN, MAYOR AND COUNCIL OF THE TOWNSHIP OF FRANKLIN AND SOMERSET VOLUNTARY FIRE COMPANY NO. 1, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided August 18, 1970.

Attorney(s) appearing for the Case

Mr. Clifford F. Griggs, for plaintiffs (Messrs. Mayo and Griggs, attorneys).

Mr. Herbert J. Silver, for defendant Board of Adjustment of Franklin Township.

Mr. Stanley Cutler, for defendant Mayor and Council of Franklin Township (Messrs. Rosenhouse, Cutler and Zuckerman, attorneys).

Mr. Joseph Fisch, for defendant Somerset Voluntary Fire Company No. 1.

MEREDITH, J.C.C. (temporarily assigned).

Plaintiffs seek a declaratory judgment that the action taken on behalf of the Township of Franklin in declaring that a voluntary fire company is a permitted use within the R-20 Residential zone of Franklin Township was illegal, void and of no effect.

In July of 1969, the defendant Somerset Voluntary Fire Company No. 1 (hereinafter referred to as Somerset) applied for a zoning and building permit to construct a two-story...

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