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BRAZER v. BOROUGH OF MOUNTAINSIDE

55 N.J. 456 (1970)

262 A.2d 857

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

The Supreme Court of New Jersey.

Decided March 16, 1970.

Attorney(s) appearing for the Case

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

Mr. Charles J. Irwin argued the cause for defendants-respondents.

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

Plaintiffs' application for approval of a subdivision of their land in the Borough of Mountainside was granted by the borough Planning Board, but only on condition that they reserve, and show on their subdivision plat, a right-of-way across the property for the future extension, as shown on the borough's master plan, of an existing street which now dead-ends at plaintiffs' sideline. Any building permit was directed...

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