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TOUTPHOEUS v. JOY

81 N.J. Super. 526 (1963)

196 A.2d 250

FRANK TOUTPHOEUS, GEORGE B. ULRICH, R.B. PARRY, D. KNIEBEL, DANIEL RANDALL, ROBERT J. GOODYEAR AND HARRY F. WALTHER, PLAINTIFFS-RESPONDENTS, v. FRANK JOY, JR., DEFENDANT-APPELLANT, AND BOARD OF ADJUSTMENT OF THE BOROUGH OF ORADELL, EDWARD OPSUT, BUILDING INSPECTOR OF THE BOROUGH OF ORADELL, MAYOR AND COUNCIL OF THE BOROUGH OF ORADELL, PLANNING BOARD OF THE BOROUGH OF ORADELL, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 19, 1963.

Attorney(s) appearing for the Case

Mr. Michael J. Ferrara argued the cause for appellant (Messrs. Ferrara & Guez, attorneys).

Mr. Richard A. Kurland argued the cause for respondents.

Mr. James A. Major argued the cause for defendants Borough of Oradell and Edward Opsut, Building Inspector (Mr. Everett I. Smith, attorney; Mr. James A. Major, II, on the brief).

Before Judges GOLDMANN, KILKENNY and COLLESTER.

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

Defendant Frank Joy, Jr. appeals from a judgment of the Law Division, setting aside and declearing null and void (1) a subdivision of his property into two lots, each with a frontage of 85 feet, conditionally approved by the planning board of the Borough of Oradell, and (2) a variance granted by the board of adjustment on the ground of hardship allowing use of the subdivided lots for residential purposes,...

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