Rothberg Bros. v. Board of Commissioners

Supreme Court of New Jersey

Rothberg Bros. v. Board of Commissioners

134 A. 924, 4 N.J. Misc. 872, 1926 N.J. Sup. Ct. LEXIS 97

DecidedOctober 21, 1926

StatusPublished

This text of 134 A. 924 (Rothberg Bros. v. Board of Commissioners) 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

Rothberg Bros. v. Board of Commissioners, 134 A. 924, 4 N.J. Misc. 872, 1926 N.J. Sup. Ct. LEXIS 97 (N.J. 1926).

Pincite

Opinion

Per Curiam.

This is a rule to show cause why a mandamus should not issue, requiring the issuing to relator of a building permit for the erection of two four-family brick buildings, with one store in the first floor of each, on Bandolph avenue, Jersey City, New Jersey.

The only ground appearing for the refusal to issue the permit is that the land, upon which the proposed buildings are to be erected, are within a district or zone in which buildings to be used for stores and business are prohibited by the zoning ordinance of the city.

Under Ignaciunas v. Nutley, 99 N. J. L. 389, and other cases, relator is entitled to relief, and the rule to show cause will be made absolute and a peremptory writ of mandamus issue.

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Per Curiam.

This is a rule to show cause why a mandamus should not issue, requiring the issuing to relator of a building permit for the erection of two four-family brick buildings, with one store in the first floor of each, on Bandolph avenue, Jersey City, New Jersey.

The only ground appearing for the refusal to issue the permit is that the land, upon which the proposed buildings are to be erected, are within a district or zone in which buildings to be used for stores and business are prohibited by the zoning ordinance of the city.

Under Ignaciunas v. Nutley, 99 N. J. L. 389, and other cases, relator is entitled to relief, and the rule to show cause will be made absolute and a peremptory writ of mandamus issue.

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Bluebook (online)

134 A. 924, 4 N.J. Misc. 872, 1926 N.J. Sup. Ct. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rothberg-bros-v-board-of-commissioners-nj-1926.