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WARD v. SCOTT

11 N.J. 117 (1952)

93 A.2d 385

GEORGE B. WARD, PLAINTIFF-APPELLANT, v. DONALD H. SCOTT, MAYOR, ET AL., CONSTITUTING THE TOWN COUNCIL OF THE TOWN OF BLOOMFIELD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; HOWARD WEIKEL, ET AL., CONSTITUTING THE BOARD OF ADJUSTMENT (ZONING) OF THE TOWN OF BLOOMFIELD; BROOKS C. MARTIN, BUILDING INSPECTOR OF THE TOWN OF BLOOMFIELD; AND LIGHAM CONSTRUCTION COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 15, 1952.

Attorney(s) appearing for the Case

Mr. Everett M. Scherer argued the cause for the appellant (Messrs. Riker, Emery & Danzig, attorneys; Mr. George H. Callahan, on the brief).

Mr. Fred A. Lorentz argued the cause for the respondent Ligham Construction Company (Messrs. Lorentz & Stamler, attorneys).

Mr. Thomas J. Markey argued the cause for the respondents, Town Council, Board of Adjustment and Brooks C. Martin, Building Inspector, Town of Bloomfield.

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

The Town Council of Bloomfield granted a variance to Ligham Construction Company pursuant to a recommendation of the board of adjustment under R.S. 40:55-39(d); the Law Division sustained this action, and the ensuing appeal by the plaintiff George B. Ward has been certified to this court on its own motion.

In 1949 Economy Built Homes Corporation, a company controlled by Saul T. Ligham, purchased...

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