NETLUCH v. MAYOR, COUNCIL WEST PATERSON


130 N.J. Super. 104 (1974)

325 A.2d 517

MICHAEL B. NETLUCH AND MARTA NETLUCH, PLAINTIFFS, v. MAYOR AND COUNCIL OF THE BOROUGH OF WEST PATERSON, A MUNICIPAL CORPORATION OF NEW JERSEY, AND PLANNING BOARD OF THE BOROUGH OF WEST PATERSON, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided August 26, 1974.


Attorney(s) appearing for the Case

Mr. Anthony M. Cerasani for plaintiffs.

Mr. Philip H. Mizzone, Jr. for defendants.


ROSENBERG, J.S.C.

The matter before this court is a challenge to an amendment of the West Paterson zoning ordinances. The plaintiffs are taxpayers and residents of the municipality and ask this court to declare the amendment invalid.

The area in question is known as a "B" residence district and the applicable ordinance prior to the amendment provided:

In residence "A" [and residence "B"] districts no building or premises shall be used, and no building...

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