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HOUSTON PETROLEUM CO. v. AUTOMOTIVE, ETC., ASS'N

15 N.J. Super. 215 (1951)

83 A.2d 239

HOUSTON PETROLEUM CO., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. AUTOMOTIVE PRODUCTS CREDIT ASSOCIATION, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 30, 1951.

Attorney(s) appearing for the Case

Mr. Melvin J. Koestler argued the cause for appellant (Messrs. Koestler & Koestler, attorneys).

Mr. William C. Nowels argued the cause for respondent (Messrs. Stein & Stein, attorneys).

Before Judges McGEEHAN, SMALLEY and HANEMAN.

HANEMAN, J.S.C.

On April 15, 1947, Byrnes Realty Company (hereafter referred to as Byrnes), was the owner of 34 acres of land in the City of Linden, New Jersey, having a frontage of 2,093 feet on State Highway No. 25. Under the zoning ordinance of the City of Linden then in effect, said property was zoned for business and two-family residences. The said Byrnes, conceiving that because of the location of the property, it had become unsuitable for residences or normal...

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