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DARRELL v. GOVERNING BODY OF TOWNSHIP OF CLARK

169 N.J. Super. 127 (1979)

404 A.2d 346

EDWIN S. DARRELL AND JOHN SARAFIN, PLAINTIFFS-APPELLANTS, v. GOVERNING BODY OF THE TOWNSHIP OF CLARK, EXXON CORP., BOARD OF ADJUSTMENT OF THE TOWNSHIP OF CLARK, JOSEPH SWEENEY, BUILDING INSPECTOR OF THE TOWNSHIP OF CLARK, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 25, 1979.

Attorney(s) appearing for the Case

Mr. Paul R. Williams, Jr. argued the cause for appellants (Messrs. Williams & Flynn, attorneys; Mr. William John Schmelz on the brief).

Mr. Arnold M. Smith argued the cause for respondent Exxon Corporation (Messrs. Arnold M. Smith and Lewis J. Smith on the brief).

Mr. John Pisansky argued the cause for respondent Board of Adjustment of the Township of Clark (Messrs. Magner, Abraham, Orlando, Kahn & Pisansky, attorneys).

No one appeared on behalf of respondents governing body of the Township of Clark and Joseph Sweeney, Building Inspector.

Before Judges FRITZ, BISCHOFF and MORGAN.

PER CURIAM.

Plaintiffs, owners of two gasoline service stations in Clark Township, appeal from a trial court judgment affirming the township's grant of a variance pursuant to N.J.S.A. 40:55-39(d) to defendant Exxon Corporation for use of a lot, leased by the latter, as a gasoline station. We affirm that judgment substantially for the reasons given by the trial judge in his letter opinion of February 1, 1978...

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