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RAMSEY ASSOC. v. BD. OF ADJUST., BERNARDSVILLE

119 N.J. Super. 131 (1972)

290 A.2d 448

RAMSEY ASSOCIATES, INC., A CORPORATION OF NEW JERSEY, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. BOARD OF ADJUSTMENT OF THE BOROUGH OF BERNARDSVILLE AND SAMUEL CONKLIN (NOW TED VALLACHI), BUILDING INSPECTOR, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 1972.

Attorney(s) appearing for the Case

Mr. John T. Lynch argued the cause for defendants.

Mr. William P. Westling argued the cause for plaintiff (Messrs. Imbriani and Westling, attorneys).

Before Judges LABRECQUE, KOLOVSKY and ALLCORN.

PER CURIAM.

Defendants appeal from a Law Division judgment which (1) reversed the board of adjustment's denial of a variance sought by plaintiff under N.J.S.A. 40:55-39(c) to permit the construction of a residence on an "undersized" lot; (2) granted plaintiff the requested variance, and (3) ordered the building inspector to issue a building permit authorizing the construction of the residence.

Plaintiff cross-appeals from an interlocutory order which...

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