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CAPPTURE REALTY CORP. v. BD. OF ADJ. ELMWOOD PK.

126 N.J. Super. 200 (1973)

313 A.2d 624

CAPPTURE REALTY CORPORATION, A NEW JERSEY CORPORATION, PLAINTIFF, v. BOARD OF ADJUSTMENT OF THE BOROUGH OF ELMWOOD PARK, PLANNING BOARD OF THE BOROUGH OF ELMWOOD PARK, BOROUGH OF ELMWOOD PARK, A MUNICIPAL CORPORATION IN THE COUNTY OF BERGEN AND STATE OF NEW JERSEY AND MICHAEL BUCK, BUILDING INSPECTOR OF THE BOROUGH OF ELMWOOD PARK, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 21, 1973.

Attorney(s) appearing for the Case

Mr. Lucien Baron for plaintiff (Messrs. Andora, Baron, Palmisano & DeCotiis, attorneys).

Mr. Stephen R. Spector for defendant Borough of Elmwood Park (Messrs. Ferrara, Glock & Spector, attorneys).

Mr. Malcolm Blum for defendant Board of Adjustment (Messrs. Sirota, Carlton & Blum, attorneys).

PETRELLA, J.C.C., Temporarily Assigned.

Plaintiff corporation in this action in lieu of prerogative writ, challenges the denial of a special exception use under Ordinance No. 71-13, as amended by Ordinance No. 72-15 of defendant Borough of Elmwood Park. These ordinances and Ordinance No. 73-14 essentially declared a moratorium on construction on certain lands in the borough within what is referred to as the flood-prone...

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