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HILL HOMEOWNERS ASSOCIATION v. CITY OF PASSAIC

156 N.J. Super. 505 (1978)

384 A.2d 172

HILL HOMEOWNERS ASSOCIATION, A CORPORATION OF THE STATE OF NEW JERSEY, JOSEPH MATULE AND SOPHIE MATULE, HIS WIFE, AND NORMAN KURITSKY AND GLORIA KURITSKY, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. CITY OF PASSAIC, ELIAS DRAZIN, BUILDING INSPECTOR OF THE CITY OF PASSAIC, AND PARK SLOPE CONSTRUCTION CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 1978.

Attorney(s) appearing for the Case

Mr. Jay Pasternack, attorney for appellant Park Slope Construction Corporation.

Messrs. Wittman, Anzalone, Bernstein & Dunn, attorneys for respondents (Mr. Thomas W. Dunn on the brief; Mr. Frederick L. Bernstein, of counsel).

Before Judges ALLCORN, MORGAN and HORN.

PER CURIAM.

The corporate plaintiff, an association of homeowners, and several of its individual members owning property in proximity to defendant's proposed high-rise apartment building, were successful in obtaining from the trial judge, following a nonjury trial, a judgment enjoining construction of the apartment house on the ground that its design was in violation of the requirements of the local zoning ordinance adopted after an alleged building permit had been...

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