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ANDREWS v. OCEAN TWP. BOARD OF ADJUSTMENT

30 N.J. 245 (1959)

152 A.2d 580

LUCILE M. ANDREWS, ET AL., PLAINTIFFS-APPELLANTS, v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF OCEAN, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 30, 1959.

Attorney(s) appearing for the Case

Mr. Maurice A. Potter argued the cause for plaintiffs-appellants (Messrs. Potter and Fisher, attorneys; Mr. Maurice A. Potter, of counsel and on the brief).

Mr. Robert V. Carton argued the cause for defendants-respondents (Messrs. Stout & O'Hagan, attorneys for Board of Adjustment of Township of Ocean and Township Committee of the Township of Ocean; Messrs. Durand, Ivins & Carton, attorneys for St. Mary's Church; Mr. Robert V. Carton, of counsel).

The opinion of the court was delivered by WEINTRAUB, C.J.

This is a zoning case. By a vote of 3 to 1, the board of adjustment recommended a variance under subsection (d) of N.J.S.A. 40:55-39 to permit the use of residential premises for a parochial school with living quarters for teachers. The governing body approved. Owners of neighboring property, having failed in their attack in the Law Division, 51 N.J.Super. 69...

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