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PIERETTI v. MAYOR AND COUNCIL OF TOWN OF BLOOMFIELD

35 N.J. 382 (1961)

173 A.2d 296

JOSEPH PIERETTI, JR. AND MARIE PIERETTI, INDIVIDUALLY AND T/A BROOKDALE BEVERAGE CO., PLAINTIFFS-APPELLANTS, v. MAYOR AND COUNCIL OF THE TOWN OF BLOOMFIELD AND BOARD OF ADJUSTMENT OF THE TOWN OF BLOOMFIELD, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 30, 1961.

Attorney(s) appearing for the Case

Mr. Fred G. Stickel, III argued the cause for plaintiffs-appellants (Mr. Robert J. Vogel, Jr. and Messrs. Camarata & Colonna, attorneys).

Mr. George B. Welle argued the cause for defendants-respondents.

Mr. David A. Rappeport argued the cause for intervening defendants-respondents.

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

Plaintiffs instituted an action in lieu of prerogative writ to review the determination of the Town Council of Bloomfield in refusing to concur in the recommendation of the board of adjustment to grant a variance to plaintiffs. N.J.S.A. 40:55-39(d). The Law Division allowed owners of properties within 200 feet of plaintiffs' property to intervene as defendants...

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