MARINO v. MAYOR AND COUNCIL OF NORWOOD


77 N.J. Super. 587 (1963)

187 A.2d 217

FRANK C. MARINO AND ANGIE T. MARINO, HIS WIFE, AND FRANK MODAFFERI AND ETHEL MODAFFERI, HIS WIFE, PLAINTIFFS, v. HONORABLE MAYOR AND COUNCIL OF THE BOROUGH OF NORWOOD, AND ALOIS OAKES, BUILDING INSPECTOR OF THE BOROUGH OF NORWOOD, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 2, 1963.


Attorney(s) appearing for the Case

Mr. Herbert G. Draesel for the plaintiffs.

Mr. Karl Z. Sosland for the defendants (Mr. Robert D. Gruen, attorney).


G.H. BROWN, J.C.C. (temporarily assigned).

The parties to this action in lieu of prerogative writs have, by stipulation, recast the controversy so as to submit a narrow question of fact for determination.

At issue is the use status of premises known as 475 High Street in the Borough of Norwood, Bergen County. The property was restricted to one-family use by a zoning ordinance of that municipality enacted in 1948. Without dispute, the structure then was actually...

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