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CITY OF NEWARK v. MARTIN

22 N.J. Super. 32 (1952)

91 A.2d 497

THE CITY OF NEWARK, PLAINTIFF-APPELLANT, v. JOHN V. MARTIN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 7, 1952.

Attorney(s) appearing for the Case

Mr. Michael Breitkopf argued the cause for plaintiff-appellant (Mr. Charles Handler, Corporation Counsel of the City of Newark, attorney; Mr. Joseph A. Ward, on the brief).

Mr. Ralph G. Mesce argued the cause for the defendant-respondent (Messrs. Carl & Wm. Abruzzese and Mr. Ralph G. Mesce, attorneys; Mr. Ralph G. Mesce, on the brief).

Before Judges EASTWOOD, GOLDMANN and FRANCIS.

The opinion of the court was delivered by GOLDMANN, J.A.D.

On and before July 10, 1951, defendant conducted a parking lot at 341 Washington Street, Newark, located in an area zoned as a Second Business Zone by the Newark zoning ordinance adopted January 8, 1930. Section 7 of the ordinance (as amended July 23, 1930 and May 15, 1940) prohibited the use of any building or premises in such a zone as a "public garage." Section 1, "Definitions," provides that:

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