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MORIARTY v. POZNER

21 N.J. 199 (1956)

121 A.2d 527

DANIEL J. MORIARTY, ET AL., PLAINTIFF-APPELLANTS, v. JACK POZNER, SAM POZNER, BOARD OF ADJUSTMENT OF THE TOWNSHIP OF NORTH BERGEN, AND THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF NORTH BERGEN, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 21, 1956.

Attorney(s) appearing for the Case

Mr. George Heftler argued the cause for appellants (Mr. Jacob Green and Mr. S. David Harrison on the brief; Messrs. Platoff, Platoff & Heftler, attorneys).

Mr. Joseph C. Glavin argued the cause for the respondents Jack Pozner and Sam Pozner (Mr. Robert L. Garibaldi on the brief; Messrs. Burke, Sheridan & Hourigan, attorneys).

Mr. Nicholas S. Schloeder argued the cause for the respondent Township of Bergen.

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

At issue here is the legal sufficiency of a variance permitting the construction of a "shopping center, containing retail stores, and the balance of the property to be paved and used for off-street parking for the patrons" of the center, on the lands in the Township of North Bergen zoned for residence use, known as Nos. 3101-3149 Hudson Boulevard, recommended to the governing body by the local board of adjustment...

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