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ST. CASSIAN'S CATHOLIC CHURCH v. ALLEN

40 N.J. 46 (1963)

190 A.2d 667

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

The Supreme Court of New Jersey.

Decided May 6, 1963.

Attorney(s) appearing for the Case

Mr. Samuel Allcorn, Jr. argued the cause for appellants.

Mr. Harold J. Brown argued the cause for respondent (Messrs. Joyce and Brown, attorneys; Mr. Vincent J. Joyce, on the brief).

The opinion of the court was delivered

PER CURIAM.

In 1951 the plaintiff sought a permit to erect an elementary school building at Lorraine and Norwood Avenues in Montclair. Its application was denied by the building inspector and it appealed to the Board of Adjustment. A hearing was held before the Board and considerable evidence was introduced including testimony by Mr. Edwards, Montclair Town Planner, with respect...

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