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ST. CASSIAN'S CATHOLIC CHURCH v. ALLEN

77 N.J. Super. 99 (1962)

185 A.2d 420

ST. CASSIAN'S CATHOLIC CHURCH, MONTCLAIR, NEW JERSEY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. JOSEPH ALLEN, INSPECTOR OF BUILDINGS OF THE TOWN OF MONTCLAIR, IN THE COUNTY OF ESSEX, AND THE BOARD OF ADJUSTMENT OF THE TOWN OF MONTCLAIR, IN THE COUNTY OF ESSEX, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided October 26, 1962.

Attorney(s) appearing for the Case

Mr. Vincent J. Joyce, for the plaintiff (Messrs. Joyce and Brown, attorneys).

Mr. Samuel Allcorn, Jr., Town Counsel, attorney for the defendants.

LABRECQUE, J.S.C.

INTRODUCTION

This proceeding in lieu of prerogative writs was originally instituted to review the action of the defendant Board of Adjustment of the Town of Montclair denying the application of the plaintiff church to eliminate a condition limiting the enrollment of St. Cassian's School. The limitation had been imposed by the then board of adjustment when construction of the school was authorized in 1951. Both parties moved for summary...

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