Marlyn Realty Co. v. Town of West Orange

Supreme Court of New Jersey

Marlyn Realty Co. v. Town of West Orange

136 A. 926, 5 N.J. Misc. 342, 1927 N.J. Sup. Ct. LEXIS 246

Supreme Court of New Jersey·Decided March 10, 1927·Published

Opinion

Per Curiam.

This is a zoning ordinance case. Eelator asks a mandamus for a permit to build in disregard of the limitations imposed by the ordinance.

It appears that the town of West Orange has a board of adjustment, as contemplated by Pamph. L. 1926, p. 526, and that relator did not appeal to that board.

Following the decision in Chancellor Development Corp. v. Senior, 134 Atl. Rep. 337; 4 N. J. Mis. R. 633, mandamus at this stage will be refused and the rule to show cause will be discharged, with costs.

Other similar cases are Letz & Katz v. Ackerman, 5 N. J. Mis. R. 169; Burg v. Ackerman, Id. 96; Bilt-Wel Co. v. Crange, Id. 180; Paramount Realty Co. v. Schmitt, Id. 177.

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Per Curiam.

This is a zoning ordinance case. Eelator asks a mandamus for a permit to build in disregard of the limitations imposed by the ordinance.

It appears that the town of West Orange has a board of adjustment, as contemplated by Pamph. L. 1926, p. 526, and that relator did not appeal to that board.

Following the decision in Chancellor Development Corp. v. Senior, 134 Atl. Rep. 337; 4 N. J. Mis. R. 633, mandamus at this stage will be refused and the rule to show cause will be discharged, with costs.

Other similar cases are Letz & Katz v. Ackerman, 5 N. J. Mis. R. 169; Burg v. Ackerman, Id. 96; Bilt-Wel Co. v. Crange, Id. 180; Paramount Realty Co. v. Schmitt, Id. 177.

Marlyn Realty Co. v. Town of West Orange, 136 A. 926, 5 N.J. Misc. 342, 1927 N.J. Sup. Ct. LEXIS 246 (N.J. 1927).

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