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JAMES v. BD. OF ADJUSTMENT OF TOWN OF MONTCLAIR

40 N.J. Super. 206 (1956)

122 A.2d 660

HAVELOCK I. JAMES AND DOROTHY JAMES, FRANCESCO F. FONSECA AND RUTH J. FONSECA, EDNA B. POST, ROBERT KERR AND DOROTHY KERR, EDWARD J. CARLSON, CHARLES E. DeHART AND ELIZABETH DeHART, JAMES V. MAFFEI, MONTELEONE ROGERS, L. ALEXANDER DOLAN AND ANNE DOLAN, PLAINTIFFS, v. BOARD OF ADJUSTMENT OF THE TOWN OF MONTCLAIR, THE INSPECTOR OF BUILDINGS OF THE TOWN OF MONTCLAIR, THE MONTCLAIR ART ASSOCIATION, INC., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 10, 1956.

Attorney(s) appearing for the Case

Mr. John J. Winberry, attorney for plaintiff.

Mr. Samuel Allcorn, Jr., attorney for defendants Board of Adjustment of the Town of Montclair and Inspector of Buildings of the Town of Montclair.

Messrs. McCarter, English & Studer, attorneys for defendant The Montclair Art Association, Inc.

COOLAHAN, J.S.C.

This is a proceeding in lieu of prerogative writ to review the validity of a resolution of the Board of Adjustment of the Town of Montclair, dated September 15, 1955, approving the application of the Montclair Art Association, Inc. (hereinafter called "The Association") for an off-street parking lot on its premises. The Association has been the owner of an art museum on Bloomfield Avenue in Montclair since 1914. The museum is located in an R-O Zone...

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