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TZESES v. BD. OF TRUSTEES OF SOUTH ORANGE

22 N.J. Super. 45 (1952)

91 A.2d 588

ARTHUR TZESES AND LEO TZESES, DOING BUSINESS AS TZESES BROS., PLAINTIFFS-RESPONDENTS, v. THE BOARD OF TRUSTEES OF THE VILLAGE OF SOUTH ORANGE, ET AL., DEFENDANTS-APPELLANTS. MARSHALL F. RUSH AND EVELYN C. RUSH, PLAINTIFFS-APPELLANTS, v. BOARD OF ADJUSTMENT OF THE VILLAGE OF SOUTH ORANGE, ET ALS., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 6, 1952.

Attorney(s) appearing for the Case

Mr. Ward J. Herbert argued the cause for all appellants (Mr. Ward J. Herbert, attorney for defendants-appellants The Board of Trustees of the Village of South Orange, et al., and Mr. Murray E. Kempler, attorney for plaintiffs-appellants Marshall F. Rush and Evelyn C. Rush).

Mr. Bernard Hellring argued the cause for defendants-respondents (Messrs. Greene & Hellring, attorneys for defendants-respondents Board of Adjustment of the Village of South Orange, et als.).

Mr. Daniel Leff argued the cause for plaintiffs-respondents Arthur Tzeses and Leo Tzeses, doing business as Tzeses Bros.

Before Judges EASTWOOD, GOLDMANN and FRANCIS.

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

These appeals arise by reason of a variance granted by the Board of Adjustment of South Orange permitting the subdivision of the Tzeses property, commonly known as 175 Irving Avenue, South Orange, N.J., into two 73 1/2-foot-front lots and the erection of a house on each lot; and because of the subsequent action of the Board of Trustees of South Orange in declaring the action of the board of adjustment illegal...

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