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SCHACK v. TRIMBLE

28 N.J. 40 (1958)

145 A.2d 1

KARL SCHACK AND EDNA C. SCHACK, PLAINTIFFS-RESPONDENTS, v. ROBERT P. TRIMBLE, BUILDING INSPECTOR, & c., DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided October 6, 1958.

Attorney(s) appearing for the Case

Mr. William J. O'Hagan argued the cause for the defendant-appellant (Messrs. Stout & O'Hagan, attorneys).

Mr. Morris Weinstein, Newark, argued the cause for the plaintiffs-respondents (Messrs. Anschelwitz & Barr, attorneys; Mr. Bernard A. Kaminsky of counsel).

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

Defendant, building inspector of the Borough of Deal, Monmouth County, New Jersey, denied plaintiffs' application for a building permit to construct a one-family residence. Plaintiffs instituted a proceeding in lieu of prerogative writ in the Superior Court, Law Division, praying that the defendant be required to issue the desired permit. That court, after a hearing, dismissed the plaintiffs' action. On appeal...

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