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TEXACO, INC. v. BD. OF ADJUSTMENT OF MILLBURN TP.

73 N.J. Super. 313 (1962)

179 A.2d 768

TEXACO, INC., A CORPORATION OF THE STATE OF DELAWARE, PLAINTIFF-APPELLANT, v. THE BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MILLBURN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 6, 1962.

Attorney(s) appearing for the Case

Mr. Francis E.P. McCarter argued the cause for appellant (Messrs. McCarter & English, attorneys).

Mr. Harold M. Kain argued the cause for respondent.

Before Judges CONFORD, GAULKIN and KILKENNY.

The opinion of the court was delivered by CONFORD, S.J.A.D.

The Law Division affirmed the action of the Millburn Board of Adjustment in denying an application for a recommendation to the governing body of the township that a gasoline station be permitted to be established at a designated location in a business district of the township as a "special exception" use under the terms of the local zoning ordinance. The disappointed applicant appeals.

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