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LUMUND v. BD. OF ADJUSTMENT OF THE BOROUGH OF RUTHERFORD

4 N.J. 577 (1950)

73 A.2d 545

JAMES H. LUMUND, PLAINTIFF-APPELLANT, v. BOARD OF ADJUSTMENT OF THE BOROUGH OF RUTHERFORD, AND CLARENCE HARDIN, BUILDING INSPECTOR OF THE BOROUGH OF RUTHERFORD, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 15, 1950.

Attorney(s) appearing for the Case

Mr. Aaron Heller argued the cause for the appellant. Messrs. Heller & Laiks, attorneys.

Mr. Oliver T. Somerville argued the cause for the respondents. Messrs. Kipp, Ashen & Somerville, attorneys.

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

This is an appeal from a judgment of the Superior Court, Law Division, affirming the action of the Board of Adjustment of the Borough of Rutherford denying the plaintiff a variance from a zoning ordinance to permit the erection of a motor vehicle service station in a residential district. The appeal was taken to the Superior Court, Appellate Division, but has been certified for hearing here on our own motion.<...

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