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DEMAREST v. MAYOR & COUNCIL OF BOR. OF HILLSDALE

158 N.J. Super. 507 (1978)

386 A.2d 875

GEORGE DEMAREST AND ELIZABETH DEMAREST, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. MAYOR AND COUNCIL OF THE BOROUGH OF HILLSDALE, DEFENDANT-APPELLANT, v. HARVEY BROOKS, ET AL., INTERVENORS.

Superior Court of New Jersey, Appellate Division.

Decided April 13, 1978.

Attorney(s) appearing for the Case

Mr. Walter T. Wittman argued the cause on behalf of appellant (Messrs. Wittman, Anzalone, Bernstein & Dunn, attorneys; Messrs. Walter T. Wittman and Michael I. Lubin on the brief).

Mr. Robert E. McGuire argued the cause on behalf of respondents (Messrs. Randall, Randall & McGuire, attorneys).

Mr. William DeLorenzo, Jr. argued the cause on behalf of the intervenors (Messrs. De Lorenzo and De Lorenzo, attorneys).

Before Judges MATTHEWS, CRANE and ANTELL.

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

This is an appeal from a judgment of the Law Division in favor of plaintiffs and against defendant and intervenors, reversing the determination of the Mayor and Council of the Borough of Hillsdale and granting a variance to plaintiffs. The variance was sought by plaintiffs under N.J.S.A. 40:55-39(d) to permit the construction of a retail farm produce stand on a parcel of property approximately 3.5 acres...

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