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PHILLIPS v. CITY OF PATERSON

3 N.J. Super. 281 (1949)

66 A.2d 65

RUSSELL B. PHILLIPS AND G. WILLARD PHILLIPS, PARTNERS, TRADING AS PHILLIPS BROS., PLAINTIFFS, v. CITY OF PATERSON, BOARD OF ADJUSTMENT OF THE CITY OF PATERSON AND WILLIAM BYRNES, AS INSPECTOR OF BUILDINGS, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 29, 1949.

Attorney(s) appearing for the Case

Mr. Reuben H. Reiffin, attorney for the plaintiffs.

Mr. Charles S. Joelson, attorney for the defendants.

DAVIDSON, A.J.S.C.

Plaintiffs move for a summary judgment on a proceeding in lieu of prerogative writ, seeking to reverse the refusal to grant a variance and to require the issuance of a permit to erect an automobile service station and store at 319-339 East Thirty-third Street, in the City of Paterson.

The premises are located in a "B" residence zone and plaintiffs' appeal to the board of adjustment, after denial...

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