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WILSON v. BOROUGH OF MOUNTAINSIDE

42 N.J. 426 (1964)

201 A.2d 540

ARTHUR A. WILSON AND JEAN C. WILSON, PLAINTIFFS-APPELLANTS, v. THE BOROUGH OF MOUNTAINSIDE IN THE COUNTY OF UNION, A MUNICIPAL CORPORATION, AND THE BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAINSIDE, IN THE COUNTY OF UNION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 22, 1964.

Attorney(s) appearing for the Case

Mr. Melvin J. Koestler argued the cause for plaintiffs-appellants (Messrs. Koestler & Koestler, attorneys).

Mr. Irvine B. Johnstone, Jr. argued the cause for defendants-respondents.

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

This case tests the validity of the use zoning of plaintiffs' 12-acre tract fronting on U.S. Highway Route 22 in the Borough of Mountainside, Union County. They were denied a recommendation for a variance by the board of adjustment, N.J.S.A. 40:55-39(d), to permit commercial utilization of the entire parcel instead of a limited business use in one corner allowed by an earlier variance and single-family residential...

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