Browning Road Realty Co. v. Brownington Realty Co.

199 A. 46, 123 N.J. Eq. 601, 1938 N.J. LEXIS 691
CourtNew Jersey Superior Court Appellate Division
DecidedMay 11, 1938
StatusPublished

This text of 199 A. 46 (Browning Road Realty Co. v. Brownington Realty Co.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Browning Road Realty Co. v. Brownington Realty Co., 199 A. 46, 123 N.J. Eq. 601, 1938 N.J. LEXIS 691 (N.J. Ct. App. 1938).

Opinion

Pee Cubiam.

This is an appeal from a decree of the court of chancery advised by Vice-Chancellor Davis, dismissing a bill of complaint filed under the provisions of P. L. 1909 ch. 157 p. £33. Rev. Stat. £-.7.6-38 to £:76-J±5.

The complainant is the owner of a number of lots in the township of Pennsauken, county of Camden, which, with other lots, were originally conveyed subject to certain building restrictions. By proceedings under the statute it was sought to have the restrictions declared non-existent and invalid, either because of the failure to create a neighborhood scheme or because of an abandonment thereof through continued violations of the restrictions.

*602 Upon examination of the pleadings and proofs in the canse' we are of the opinion that the bill of complaint was properly dismissed.

The.decree is affirmed.

For affirmance — Parker, Case, Bodine, Donges, Heher, Perskie, Heteield, Dear, Wells, WolesKeil, Baeeérty, Walker, JJ. 12.

For reversal — None.

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199 A. 46, 123 N.J. Eq. 601, 1938 N.J. LEXIS 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/browning-road-realty-co-v-brownington-realty-co-njsuperctappdiv-1938.