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WESTFIELD MOTOR SALES CO. v. TOWN OF WESTFIELD

129 N.J. Super. 528 (1974)

324 A.2d 113

WESTFIELD MOTOR SALES CO., A NEW JERSEY CORPORATION, PLAINTIFF, v. TOWN OF WESTFIELD, THE BOARD OF ADJUSTMENT OF THE TOWN OF WESTFIELD AND GEORGE TZAMOS, THE BUILDING INSPECTOR OF THE TOWN OF WESTFIELD, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 12, 1974.

Attorney(s) appearing for the Case

Mr. Paul R. Williams, Jr. for plaintiff.

Mr. Robert J.T. Mooney for defendants.

ACKERMAN, HAROLD A., J.S.C.

Plaintiff brings this action in lieu of prerogative writs pursuant to R. 4:69. By this suit it seeks a determination that defendant Town of Westfield's zoning ordinance is unconstitutional or, alternatively, that defendant Board of Adjustment of the Town of Westfield acted arbitrarily and capriciously in denying its application for a variance pursuant to N.J.S.A. 40: 55-39(c).

Plaintiff is a franchised Ford dealer...

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