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EXXON CO. v. BERNARDSVILLE BD. OF ADJ.

196 N.J. Super. 183 (1984)

481 A.2d 1172

EXXON COMPANY, U.S.A., PLAINTIFF, v. BOARD OF ADJUSTMENT OF THE BOROUGH OF BERNARDSVILLE, SOMERSET COUNTY, NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division Somerset County.

Decided May 10, 1984.

Attorney(s) appearing for the Case

Vincent T. Bisogno for plaintiff (Bisogno & Loeffler, attorneys).

John T. Lynch, for defendant.

IMBRIANI, J.S.C.

Is an ordinance prohibiting the erection of a gasoline service station within 500 feet of an existing gasoline station constitutional? And if so, was the decision of the board of adjustment to deny this application solely because it violated said ordinance arbitrary, unreasonable and capricious?

Exxon Company applied to the board of adjustment for a variance to erect a gasoline service station on vacant property

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