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FRANKEL v. ATLANTIC CITY

124 N.J. Super. 420 (1973)

307 A.2d 615

E.J. FRANKEL, BENJAMIN FRANKEL, WILLIAM FRANKEL, LEONARD FRANKEL, MAURICE J. GUTRADT AND PAUL NALEN, CO-PARTNERS, t/a PLAZA APARTMENTS, PLAINTIFFS-APPELLANTS, v. CITY OF ATLANTIC CITY, A MUNICIPAL CORPORATION AND GEFTMAN ENTERPRISES, INC., JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 23, 1973.

Attorney(s) appearing for the Case

Mr. Ronald Berman argued the cause for the appellants (Warren, Goldberg & Berman, attorneys).

Mr. Daniel J. Dowling argued the cause for the respondent City of Atlantic City.

Mr. Isaac C. Ginsburg argued the cause for the respondent Geftman Enterprises, Inc. (Feinberg & Ginsburg, attorneys).

Before Judges LORA, ALLCORN and HANDLER.

PER CURIAM.

By ordinance adopted in 1964, the City of Atlantic City created a new zone, designated as an E Residential zone. The district thus created was and is composed of a strip zone 16 blocks long, which borders the ocean and beach on the east and Atlantic Avenue on the west, and is only one block (approximately 500 feet) in depth.

Among the uses permitted in the E zone were high-rise apartment dwellings...

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