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HILL HOMEOWNERS ASS'N v. ZONING BD. ADJ., PASSAIC

134 N.J. Super. 107 (1975)

338 A.2d 824

HILL HOMEOWNERS ASSOCIATION, A CORPORATION OF THE STATE OF NEW JERSEY, BRUNO BARBARESE AND VELIA BARBARESE, HIS WIFE, AND JOSEPH WEINSTOCK AND HILDA WEINSTOCK, HIS WIFE, AND MARTIN L. HELFGOTT AND ESTHER HELFGOTT, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF PASSAIC, ELIAS DRAZIN, AS BUILDING INSPECTOR OF THE CITY OF PASSAIC, MAYOR AND COUNCIL OF THE CITY OF PASSAIC, DEFENDANTS, AND HARRY STANFORD, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 1975.

Attorney(s) appearing for the Case

Mr. Steven E. Pollan argued the cause for appellant (Mr. Harry Kampelman, attorney).

Mr. Marvin A. Stern argued the cause for respondents.

Messrs. Wittman, Anzalone, Bernstein & Dunn filed a brief on behalf of amici curiae New Jersey Federation of Planning Officials and Englewood Planning Board (Mr. Frederick L. Bernstein on the brief).

Before Judges MATTHEWS, FRITZ and BOTTER.

PER CURIAM.

This is a zoning action. In a prerogative writ suit the trial judge set aside, as arbitrary exercises of the zoning power, certain variances granted under the ostensible authority of N.J.S.A. 40:55-39(c) by the board of adjustment of the City of Passaic (board). In addition to this, he included in his opinion, which is published, sweeping dictum broadly criticizing some planning and zoning concepts heretofore thought to be established.

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