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BRAZER v. BOROUGH OF MOUNTAINSIDE

102 N.J. Super. 497 (1968)

246 A.2d 170

SAUL BRAZER AND GLORIA BRAZER, HIS WIFE, PLAINTIFFS, v. BOROUGH OF MOUNTAINSIDE, A MUNICIPAL CORPORATION, AND THE PLANNING BOARD OF THE BOROUGH OF MOUNTAINSIDE, IN THE COUNTY OF UNION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 30, 1968.

Attorney(s) appearing for the Case

Mr. Irvine B. Johnstone, Jr. for plaintiffs (Messrs Johnstone & O'Dwyer, attorneys; Mr. Frank T. Swain, on the brief).

Mr. Charles J. Irwin for defendants.

WOOD, WM. FILLMORE, J.C.C. (temporarily assigned).

In this suit in lieu of prerogative writs plaintiffs challenge the ruling of the Mountainside Planning Board (hereinafter referred to as the board), which was affirmed by the borough council, requiring that they, as a condition for the approval of a subdivision of their property, provide a right of way across the property for the extension of a street known as Camelot Court. Defendants are the borough and the board...

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