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VIRGINIA CONSTRUCTION CORP. v. FAIRMAN

39 N.J. 61 (1962)

187 A.2d 1

VIRGINIA CONSTRUCTION CORPORATION, A CORPORATION OF THE STATE OF DELAWARE, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. R. KENNETH FAIRMAN, ET AL., MEMBERS CONSTITUTING THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF PRINCETON; LEONARD C. JOHNSON, ET AL., MEMBERS OF THE BOARD OF ADJUSTMENT OF THE TOWNSHIP OF PRINCETON; and W. JOSEPH SHINN, ZONING OFFICER AND BUILDING INSPECTOR OF THE TOWNSHIP OF PRINCETON, DEFENDANTS-RESPONDENTS, AND GEORGE R. COOK, 3RD, ET AL., INTERVENING DEFENDANTS AND CROSS-APPELLANTS.

The Supreme Court of New Jersey.

Decided December 17, 1962.

Attorney(s) appearing for the Case

Mr. Joseph A. Weisman argued the cause for the plaintiff-appellant and cross-respondent (Messrs. Hannoch, Weisman, Myers, Stern & Besser, attorneys; Mr. Geoffrey Gaulkin and Mr. Gary N. Skoloff, on the brief).

Mr. Gordon D. Griffin argued the cause for the defendant-respondent Township Committee.

Mr. Hervey S. Moore, Jr. argued the cause for the defendant-respondent Zoning Board of Adjustment.

Mr. Harry Heher argued the cause for the intervening defendants and cross-appellants (Messrs. Minton, Dinsmore & Bohlinger, attorneys).

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

The Law Division entered judgment dismissing the plaintiff's complaint and the intervening defendants' counterclaim and cross-claim. Thereafter the plaintiff appealed and the intervening defendants cross-appealed to the Appellate Division. We certified before argument in the Appellate Division.

In November 1953 the owners of a 90-acre tract located on the northwest...

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