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FRANTZEN v. HOWARD

132 N.J. Super. 226 (1975)

333 A.2d 289

CHELL FRANTZEN, PLAINTIFF-APPELLANT, v. LESLIE C. HOWARD, BUILDING INSPECTOR AND ZONING OFFICER, BOARD OF ADJUSTMENT OF THE BOROUGH OF CHATHAM, NEW JERSEY, MAYOR AND BOROUGH COUNCIL OF CHATHAM, NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 13, 1975.

Attorney(s) appearing for the Case

Mr. Arnold Miller, attorney for appellant.

Mr. Charles W. Foster, attorney for respondents Board of Adjustment and Leslie Howard.

Messrs. Stickel, Frahn & Stochholm, attorneys for respondents Mayor and Borough Council of Chatham.

Before Judges HALPERN, CRAHAY and ACKERMAN.

PER CURIAM.

In this zoning case, wherein plaintiff unsuccessfully sought a "c" variance (N.J.S.A. 40:55-39(c)) to construct a dwelling on an undersized lot, the record reveals that there remains unresolved by the trial court an important issue regarding the constitutionality of a relevant ordinance.

It is manifest on this record that there has been no final judgment by disposition of all the litigated issues between the parties. R. 2:2-3(a)....

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