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ASCIONE v. UNION CITY

77 N.J. Super. 542 (1962)

187 A.2d 193

ELIZABETH ASCIONE, ORESTE CASAGRANDE AND PAT CAPORINO, PLAINTIFFS-RESPONDENTS, v. CITY OF UNION CITY AND THE BOARD OF ADJUSTMENT THEREOF, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 14, 1962.

Attorney(s) appearing for the Case

Mr. Archie Usdin argued the cause for appellants (Mr. Cyril J. McCauley, attorney; Mr. Usdin, of counsel).

Mr. Nicholas S. Schloeder argued the cause for respondents.

Before Judges PRICE, SULLIVAN and LEWIS.

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

This is a zoning case attacking the validity of a municipal ordinance to the extent of its application to plaintiffs' property. The defendants City of Union City (hereafter city) and the Board of Adjustment thereof (hereafter board) appeal from the final judgment of the Superior Court, Law Division, Hudson County, rendered in favor of plaintiffs.

In 1930 the city adopted a zoning ordinance under which...

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