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BARRY, INC. v. BD. OF ADJUSTMENT OF CITY OF NEWARK

9 N.J. Super. 529 (1950)

75 A.2d 752

BARRY, INC., A CORPORATION OF NEW JERSEY, PLAINTIFF, v. BOARD OF ADJUSTMENT OF THE CITY OF NEWARK, NEW JERSEY, AND C. ALFRED BATES, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided September 19, 1950.

Attorney(s) appearing for the Case

Mr. David Weinick (Mr. Edward R. McGlynn and Mr. Joseph Weintraub, of counsel), for plaintiff.

Mr. Charles Handler (Mr. Joseph A. Ward, of counsel), for defendants.

WILLIAM A. SMITH, J.S.C.

This action is brought in lieu of prerogative writ against the Board of Adjustment of the City of Newark and C. Alfred Bates, who is secretary of the Board of Adjustment and Zoning Officer for the City of Newark and the proper person to whom to apply for a permit when the zoning ordinance is pertinent to the construction the property owner desires to make. The plaintiff is the owner of premises at 243-249 Chancellor Avenue, Newark, which under...

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