State ex rel. Horn v. Ostermann

Supreme Court of New Jersey

State ex rel. Horn v. Ostermann

136 A. 458, 5 N.J. Misc. 500, 1927 N.J. Sup. Ct. LEXIS 202

DecidedMay 13, 1927

StatusPublished

This text of 136 A. 458 (State ex rel. Horn v. Ostermann) 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

State ex rel. Horn v. Ostermann, 136 A. 458, 5 N.J. Misc. 500, 1927 N.J. Sup. Ct. LEXIS 202 (N.J. 1927).

Pincite

Opinion

Per Curiam.

The relator applied to the building inspector of the township of Maplewood for a permit to erect a two-story building to contain stores on the lower floor and apartments on the second floor.

It appears that the permit was refused solely because the land in question was within the single or two-family residence district as established by a zoning ordinance, and that the building in question was prohibited thereby.

We think that the case is controlled by the case of State v. Nutley, 99 N. J. L. 389. That case in the Court of Errors and Appeals is binding in this court in the absence of modification in that court, and as yet there has been none.

The relator is entitled to judgment, with costs, and a peremptory writ will issue.

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Per Curiam.

The relator applied to the building inspector of the township of Maplewood for a permit to erect a two-story building to contain stores on the lower floor and apartments on the second floor.

It appears that the permit was refused solely because the land in question was within the single or two-family residence district as established by a zoning ordinance, and that the building in question was prohibited thereby.

We think that the case is controlled by the case of State v. Nutley, 99 N. J. L. 389. That case in the Court of Errors and Appeals is binding in this court in the absence of modification in that court, and as yet there has been none.

The relator is entitled to judgment, with costs, and a peremptory writ will issue.

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Bluebook (online)

136 A. 458, 5 N.J. Misc. 500, 1927 N.J. Sup. Ct. LEXIS 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-horn-v-ostermann-nj-1927.