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AMG ASSOCIATES v. SPRINGFIELD TP.

123 N.J. Super. 295 (1973)

302 A.2d 547

AMG ASSOCIATES, A NEW JERSEY PARTNERSHIP, PLAINTIFF-RESPONDENT, v. TOWNSHIP OF SPRINGFIELD, UNION COUNTY, NEW JERSEY, A MUNICIPAL CORPORATION, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF SPRINGFIELD AND PAUL GREENSTEIN, AS BUILDING INSPECTOR OF THE TOWNSHIP OF SPRINGFIELD, DEFENDANTS-APPELLANTS, AND THE BOARD OF ADJUSTMENT OF THE TOWNSHIP OF SPRINGFIELD, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 29, 1973.

Attorney(s) appearing for the Case

Mr. Sanford A. Meskin argued the cause for appellants (Messrs. Bloom, Drobner and Javerbaum, attorneys; Mr. Kenneth S. Javerbaum, on the brief).

Mr. Vincent J. Apruzzese argued the cause for respondent (Messrs. Apruzzese & McDermott, attorneys; Mr. Frederick T. Danser, III, on the brief).

Before Judges KOLOVSKY, MATTHEWS and McGOWAN.

The opinion of the court was delivered by KOLOVSKY, P.J.A.D.

Defendant township appeals from a judgment declaring that

* * * the provision of S-60 of the Springfield Township Zoning Ordinance of September, 1968, is invalid, arbitrary and unreasonable in its application to the rear of Lots 1 and 2 of Plaintiffs' subject property; that Plaintiffs are entitled to use the said rear portions of Lots 1 and 2 of the...

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