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REINAUER REALTY CORP. v. BOROUGH OF PARAMUS

34 N.J. 406 (1961)

169 A.2d 814

REINAUER REALTY CORPORATION, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. THE BOROUGH OF PARAMUS, A MUNICIPAL CORPORATION, AND THE MAYOR AND COUNCIL OF THE BOROUGH OF PARAMUS, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 10, 1961.

Attorney(s) appearing for the Case

Mr. George A. Brown argued the cause for plaintiff-appellant (Messrs. Morrison, Lloyd & Griggs, attorneys; Mr. Bruce M. Ramer, on the brief).

Mr. Frank J. Glock argued the cause for defendants-respondents (Mr. Guy W. Calissi, attorney).

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

Plaintiff, Reinauer Realty Corporation, applied under the zoning ordinance of the defendant Borough of Paramus for a special exception use to permit the construction of a gasoline station. After the Mayor and Council of the borough had rejected the favorable recommendation of the Board of Adjustment, this suit in lieu of prerogative writ was instituted. The Law Division decided that the action of the governing...

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