ANDREWS v. BOARD OF ADJUSTMENT OF OCEAN TP.


51 N.J. Super. 69 (1958)

143 A.2d 262

LUCILE M. ANDREWS, NATHAN APPLEMAN AND JANET APPLEMAN, HIS WIFE; MARGARET BRUNS: HENRY SADOWSKY AND ELEANOR SADOWSKY, HIS WIFE; IRA W. SAFRAN AND PHYLISS SAFRAN, HIS WIFE, PLAINTIFFS, v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF OCEAN, A MUNICIPAL BODY; TOWNSHIP OF OCEAN, A MUNICIPAL CORPORATION; AND ST. MARY'S CHURCH, DEAL, NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided June 27, 1958.


Attorney(s) appearing for the Case

Messrs. Potter & Fisher and Mr. Julius J. Golden, attorneys for plaintiffs.

Messrs. Stout & O'Hagan, attorneys for defendants Board of Adjustment of the Township of Ocean and Township of Ocean (Mr. Sidney Hertz appearing).

Messrs. Durand, Ivins & Carton, attorneys for defendant St. Mary's Church, Deal, New Jersey (Mr. Robert V. Carton appearing).


GIORDANO, J.C.C. (temporarily assigned).

The plaintiffs seek by a complaint in lieu of prerogative writ to set aside a variance granted by the Township of Ocean to the defendant St. Mary's Church, Deal, New Jersey. The proceedings were taken under the statute N.J.S.A. 40:55-39, subd. d. The issue is the legal sufficiency of the variance.

The variance is for the use of the premises known as Ivy Hedge as a parochial school and for living quarters...

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