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HRYCENKO v. BD. OF ADJUSTMENT, ELIZABETH

27 N.J. Super. 376 (1953)

99 A.2d 430

JOSEPH HRYCENKO AND ANDREW WOJTOWICZ, PLAINTIFFS-APPELLANTS, v. BOARD OF ADJUSTMENT OF THE CITY OF ELIZABETH, WALTER F. FROMM, SUPERINTENDENT OF BUILDINGS, AND ALBERT J. WERNOCH, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 22, 1953.

Attorney(s) appearing for the Case

Mr. Richard F. Green argued the cause for plaintiffs-appellants.

Mr. Albert L. Kessler argued the cause for defendant-respondent Albert J. Wernoch (Mr. Charles E. Leonard, attorney).

Mr. Raymond A. Leahy argued the cause for defendants-respondents Board of Adjustment of the City of Elizabeth and Walter F. Fromm.

Before Judges CLAPP, GOLDMANN and EWART.

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

Defendant Fromm, Building Superintendent of the City of Elizabeth, issued a permit to defendant Wernoch for the construction at the rear of his lot of a building to be used as a welding shop. The premises are located in a Business "C" District, as established by the municipal zoning ordinance. Plaintiffs, whose premises adjoin Wernoch's, protested and asked Fromm to revoke the permit. When he refused, they...

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