Finn v. Municipal Council of City of Clifton

46 A.2d 443, 135 N.J.L. 98, 1946 N.J. Sup. Ct. LEXIS 172
CourtSupreme Court of New Jersey
DecidedApril 1, 1946
StatusPublished

This text of 46 A.2d 443 (Finn v. Municipal Council of City of Clifton) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Finn v. Municipal Council of City of Clifton, 46 A.2d 443, 135 N.J.L. 98, 1946 N.J. Sup. Ct. LEXIS 172 (N.J. 1946).

Opinion

Pee Cukiam.

Por at least the third-time, this court is asked to compel the issuance of a permit for a gasoline station, having twice refused so to do. Phillips Oil Co. v. Clifton, 120 N. J. L. 13; Birchwood, Inc., v. Kulik (No. 258 May term, 1940, not reported).

So far as we can discern, the present factual situation, except .as to ownership, differs in no material respect from that of the previous cases. Indeed, over one-half of the 100 page state of the ease consists of the opinion of this court and the briefs of counsel in the Birchwood case, and a copy of the lease to the present prosecutor. The ownership of the fee seems unchanged.

We find nothing in the present ease to require a recall or modification of our previous decisions. The writ of certiorari will be dismissed; and the rule to show cause in mandamus will be discharged; with costs in both eases.

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46 A.2d 443, 135 N.J.L. 98, 1946 N.J. Sup. Ct. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/finn-v-municipal-council-of-city-of-clifton-nj-1946.