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GIORDANO v. THE CITY COMMISSION

2 N.J. Super. 45 (1949)

64 A.2d 462

STEFANO GIORDANO, PROSECUTOR, v. THE CITY COMMISSION OF THE CITY OF NEWARK, ET AL., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 15, 1949.

Attorney(s) appearing for the Case

Mr. G.W.C. McCarter argued the cause for prosecutor (Messrs. McCarter, English & Studer, attorneys).

Mr. Joseph A. Ward argued the cause for the municipal defendants (Mr. Thomas L. Parsonnet, Corporation Counsel of the City of Newark, attorney of municipal defendants).

Before Judges, McGEEHAN, DONGES and COLIE.

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

The Board of Adjustment of Newark recommended, and the Board of Commissioners of Newark on April 21, 1948 granted, a variance from the Zoning Ordinance, permitting the United Americans Club, Inc. to extend its building beyond the average set-back line on Clinton Avenue, Newark. The action was taken under the authority, then granted by R.S. 40:55-39. Certiorari was allowed to review the action of the...

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