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RUSSELL v. TENAFLY BD. OF ADJUSTMENT

31 N.J. 58 (1959)

155 A.2d 83

HENRY E. RUSSELL, PLAINTIFF-RESPONDENT, v. BOARD OF ADJUSTMENT OF THE BOROUGH OF TENAFLY, ROBERT J. NIERO, BUILDING INSPECTOR OF THE BOROUGH OF TENAFLY, DEFENDANTS-RESPONDENTS AND HENRY O. POND, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided October 26, 1959.

Attorney(s) appearing for the Case

Mr. Howard E. Corbett argued the cause for the defendant-appellant (Messrs. Winne and Banta, attorneys).

Mr. George G. Tennant, Jr., argued the cause for the plaintiff-respondent.

Mr. George A. Brown argued the cause for the defendants-respondents (Messrs. Morrison, Lloyd & Griggs, attorneys).

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

Plaintiff initiated this proceeding in lieu of a prerogative writ in the Superior Court, Law Division, challenging a variance granted by the Board of Adjustment of the Borough of Tenafly under N.J.S.A. 40:55-39(c) concerning land owned by Henry O. Pond. When the trial court found in favor of defendants, plaintiff successfully appealed to the Appellate Division. 53 N.J.Super. 539...

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