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PLACE v. BD. OF ADJUST. OF BOROUGH OF SADDLE RIVER

42 N.J. 324 (1964)

200 A.2d 601

VIRGIL A. PLACE AND MARY J. PLACE, PLAINTIFFS-APPELLANTS, v. THE BOARD OF ADJUSTMENT OF THE BOROUGH OF SADDLE RIVER AND LOUIS H. PERRIN, BUILDING INSPECTOR OF THE BOROUGH OF SADDLE RIVER, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 18, 1964.

Attorney(s) appearing for the Case

Mr. Bruce F. Banta argued the cause for plaintiffs-appellants (Messrs. Winne & Banta, attorneys).

Mr. William W. Evans, Jr., argued the cause for defendants-respondents (Messrs. Evans, Hand, Evans, Allabough & Amoresano, attorneys).

The opinion of the court was delivered by PROCTOR, J.

The Board of Adjustment of the Borough of Saddle River denied plaintiffs' application for a variance under N.J.S.A. 40:55-39(c) and (d) for construction of a fallout shelter which violated the 40-foot side yard requirements of the zoning ordinance of the borough.1 The plaintiffs filed a complaint against the board and the building inspector of the borough in the Superior Court...

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