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BIRKFIELD REALTY CO. v. BD. COM'RS. OF ORANGE

12 N.J. Super. 192 (1951)

79 A.2d 326

BIRKFIELD REALTY CO., A CORPORATION, PLAINTIFF-APPELLANT, v. BOARD OF COMMISSIONERS OF THE CITY OF ORANGE, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 6, 1951.

Attorney(s) appearing for the Case

Mr. Milton M. Unger argued the case for appellant (Messrs. Milton M. and Adrian M. Unger, attorneys).

Mr. Edmond J. Dwyer argued the cause for respondents.

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.A.D.

Plaintiff seeks a declaration that the application of the zoning ordinance of the City of Orange to plaintiff's property at 395 South Center Street is unreasonable, arbitrary and capricious and that the ordinance is unconstitutional insofar as it affects such property.

South Center Street, a cross-town artery, runs north and south. Plaintiff...

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