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165 AUGUSTA STREET, INC. v. COLLINS

9 N.J. 259 (1952)

87 A.2d 889

165 AUGUSTA STREET, INC., WILLIAM JACQUES AND MARY SMOLA, PLAINTIFFS-RESPONDENTS, v. EDITH W. COLLINS, OTTO PLOETNER AND JACOB AUTH AND WILLIAM PALKA, FREDERIC B. KREMER, J. HOWARD SAMO AND JOHN McCARTHY, AS MEMBERS OF THE BOARD OF ADJUSTMENT OF THE TOWN OF IRVINGTON, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided April 7, 1952.

Attorney(s) appearing for the Case

Mr. Saul Tischler argued the cause for the appellant, Otto Ploetner (Mr. William Newman, attorney).

Mr. Matthew Krafte argued the cause for the appellants, Jacob Auth and William Palka, Frederic B. Kremer, J. Howard Samo and John McCarthy, as members of the Board of Adjustment of the Town of Irvington.

Mr. Aaron Van Poznak argued the cause for the respondents (Messrs. Sandles & Sandles, attorneys).

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

This is a zoning case and is an appeal from a judgment of the Superior Court, Law Division, setting aside a variance granted by the defendant board of adjustment to the defendant Otto Ploetner to permit construction of a gasoline service station on premises owned by the defendant Edith W. Collins (hereinafter called the owner) in the Town of Irvington. The appeal was addressed...

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