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RING v. MAYOR AND COUNCIL OF BOR. OF RUTHERFORD

110 N.J. Super. 441 (1970)

266 A.2d 129

CARL E. RING, PLAINTIFF-APPELLANT, v. MAYOR AND COUNCIL OF THE BOROUGH OF RUTHERFORD, NEW JERSEY, BOARD OF ADJUSTMENT OF THE BOROUGH OF RUTHERFORD, NEW JERSEY, AND MARTIN KRAJAC, BUILDING INSPECTOR OF THE BOROUGH OF RUTHERFORD, NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1970.

Attorney(s) appearing for the Case

Mr. William V. Roveto argued the cause for appellant (Messrs. Moser, Roveto & McGough, attorneys; Mr. George P. Moser, Jr., on the brief).

Mr. M. Harry Muser argued the cause for respondents Mayor and Council of the Borough of Rutherford.

Mr. James S. Ely, Jr. argued the cause for respondents Board of Adjustment and Martin Krajac, Building Inspector of the Borough of Rutherford.

Before Judges GOLDMANN, LEWIS and MATTHEWS.

The opinion of the court was delivered by LEWIS, J.A.D.

This is an appeal by plaintiff Carl Ring from a judgment of the Law Division, in an in lieu proceeding, wherein the court affirmed the denial of an application for a variance and sustained the constitutionality of the zoning ordinance of defendant Borough of Rutherford.

It is claimed on appeal that (1) the denial of plaintiff's requested variance was arbitrary, capricious and unreasonable, and...

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