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BIERCE v. GROSS

47 N.J. Super. 148 (1957)

135 A.2d 561

THURBER H. BIERCE, JOHN M. CONTANT, NED FELDMAN AND SAVAGE C. FRIEZE, JR., PLAINTIFFS-APPELLANTS, v. ALBERT S. GROSS AND ROSE GROSS, HIS WIFE; BOARD OF ADJUSTMENT OF THE CITY OF ENGLEWOOD, PLANNING BOARD OF THE CITY OF ENGLEWOOD, THE COMMON COUNCIL OF THE CITY OF ENGLEWOOD AND FRANCIS M. MOON, BUILDING INSPECTOR OF THE CITY OF ENGLEWOOD, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 17, 1957.

Attorney(s) appearing for the Case

Mr. Walter T. Wittman argued the cause for appellants.

Mr. Albert S. Gross argued the cause for respondents.

Before Judges GOLDMANN, FREUND and CONFORD.

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

Plaintiffs appeal from a summary judgment entered in defendants' favor in the Law Division of the Superior Court, in an action in lieu of prerogative writ contesting the validity of a variance granted defendants Gross by defendant board of adjustment, as well as the approval by defendant planning board of a proposed subdivision of the Gross property as a minor subdivision. Plaintiffs own property in the...

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