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SUPERMARKETS OIL CO. v. ZOLLINGER

126 N.J. Super. 505 (1974)

315 A.2d 702

SUPERMARKETS OIL COMPANY, INCORPORATED, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. JOHN M. ZOLLINGER, BUILDING INSPECTOR, AND THE MAYOR AND COUNCIL OF THE BOROUGH OF SAYREVILLE, NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 8, 1974.

Attorney(s) appearing for the Case

Mr. James V. Higgins argued the cause for appellants.

Mr. Arthur W. Burgess argued the cause for respondent (Messrs. Toolan, Romond, Burgess & Abbott, attorneys).

Before Judges LYNCH, MEHLER and MICHELS.

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

This is an appeal by defendants, respectively the building inspector and mayor and council of the Borough of Sayreville (borough), from a judgment in an action in lieu of prerogative writs whereby the building inspector was ordered to issue to plaintiff a permit for erection of an automobile car wash on its property where it operates a gasoline filling station. The judgment also adjudged that (a) an automobile...

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