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FISCHER v. TWP. OF BEDMINSTER

5 N.J. 534 (1950)

76 A.2d 673

HERMAN W. FISCHER, PLAINTIFF-RESPONDENT, v. TOWNSHIP OF BEDMINSTER, IN THE COUNTY OF SOMERSET, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided November 20, 1950.

Attorney(s) appearing for the Case

Mr. T. Girard Wharton argued the cause for appellant (Mr. Leon Gerofsky and Messrs. Wharton, Hall & Stewart, attorneys).

Mr. Edward Sachar argued the cause for respondent.

The opinion of the court was delivered by HEHER, J.

By an ordinance adopted December 30, 1946, and amended November 17, 1947, the defendant municipality was zoned for business and residential uses in the purported exercise of the power granted by R.S. 40:55-30, et seq. Two residence zones, "A" and "B," are therein delineated. Article VII of the ordinance provides that no dwelling shall be erected in the Residence...

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