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DeSIMONE v. GREATER ENGLEWOOD HOUSING CORP. NO. 1

56 N.J. 428 (1970)

267 A.2d 31

RAYMOND DeSIMONE, DAVID McERLANE AND ELLIOT STAGNERI, PLAINTIFFS-APPELLANTS, v. GREATER ENGLEWOOD HOUSING CORPORATION NO. 1, A NEW JERSEY CORPORATION; BOARD OF ADJUSTMENT OF THE CITY OF ENGLEWOOD; MAYOR AND COUNCIL OF THE CITY OF ENGLEWOOD; AND MAX PRIEGEL, BUILDING INSPECTOR OF THE CITY OF ENGLEWOOD, DEFENDANTS-RESPONDENTS. RAYMOND DeSIMONE, DAVID McERLANE AND ELLIOT STAGNERI, PLAINTIFFS-APPELLANTS, v. GREATER ENGLEWOOD HOUSING CORPORATION NO. 1, A NEW JERSEY CORPORATION; MAYOR AND COUNCIL OF THE CITY OF ENGLEWOOD; MAX PRIEGEL, BUILDING INSPECTOR OF THE CITY OF ENGLEWOOD; AND PLANNING BOARD OF THE CITY OF ENGLEWOOD, DEFENDANTS-RESPONDENTS. JERRY J. HERSCH, DAVID McERLANE AND ELLIOT STAGNERI, PLAINTIFFS-APPELLANTS, v. THE CITY OF ENGLEWOOD, DEFENDANT-RESPONDENT, AND GREATER ENGLEWOOD HOUSING CORPORATION NO. 1, INTERVENOR-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 6, 1970.

Attorney(s) appearing for the Case

Mr. Richard Jon Contant argued the causes for appellants (Messrs. Contant and Contant, attorneys; Mr. Richard Jon Contant, on the briefs).

Mrs. Sylvia B. Pressler argued the causes for respondents Mayor and Council of the City of Englewood and The City of Englewood.

Mr. Arthur J. Lesemann argued the causes for respondent Greater Englewood Housing Corporation No. 1 (Messrs. Mazer and Lesemann, attorneys; Mr. Lesemann, on the briefs).

Mr. Marvin H. Gladstone argued the cause for respondent Board of Adjustment of the City of Englewood.

Mr. Frederick L. Bernstein argued the cause for respondent Planning Board of the City of Englewood (Messrs. Wittman, Angelone and Bernstein, attorneys; Mr. Bernstein, on the brief).

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

These consolidated appeals stem from Law Division judgments in five actions in lieu of prerogative writ sustaining the actions of administrative and legislative bodies of the city of Englewood in connection with a low and moderate income housing project being undertaken by defendant Greater Englewood Housing Corporation No. 1 (GEHC).

The project comprises 146 units of cluster-type, two-story apartments to...

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