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MORTON, ET AL. v. MAYOR & COUNCIL OF TP. OF CLARK

102 N.J. Super. 84 (1968)

245 A.2d 377

RAYMOND W. MORTON, RICHARD M. SHOFI, AND SOUTH-WEST CIVIC ASSOCIATION OF CLARK, A CORPORATION OF NEW JERSEY, PLAINTIFFS, v. MAYOR AND COUNCIL OF THE TOWNSHIP OF CLARK, A MUNICIPAL CORPORATION IN UNION COUNTY, AND THE BUILDING INSPECTOR, DEFENDANTS. MABROOK GARDENS, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. MAYOR AND COUNCIL OF THE TOWNSHIP OF CLARK, A MUNICIPAL CORPORATION IN UNION COUNTY, AND THE BUILDING INSPECTOR, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided June 28, 1968.

Attorney(s) appearing for the Case

Mr. George W. Morton, Jr., for plaintiffs Raymond W. Morton et al.; (Messrs. George W. Morton, Jr. and Stanley J. Mann, co-counsel for plaintiffs.

Mr. S. Arthur Schimmel for plaintiff Mabrook Gardens (Messrs. Levy & Krauss, attorneys).

Mr. Irvine B. Johnstone, Jr., Township attorney, for defendants.

FELLER, J.S.C.

This is an action in lieu of prerogative writs brought by citizens and taxpayers attacking the issuance of a variance by the Township of Clark permitting the erection of a garden-type apartment house in Clark's R-150 residence zone. The application was made to the board of adjustment under N.J.S.A. 40:55-39(d). The board adopted a resolution setting forth certain facts and recommending to the township council that the variance be approved...

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