State ex rel. Newman v. Scott

Supreme Court of New Jersey

State ex rel. Newman v. Scott

137 A. 924, 5 N.J. Misc. 514, 1927 N.J. Sup. Ct. LEXIS 206

DecidedMay 13, 1927

StatusPublished

This text of 137 A. 924 (State ex rel. Newman v. Scott) 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. Newman v. Scott, 137 A. 924, 5 N.J. Misc. 514, 1927 N.J. Sup. Ct. LEXIS 206 (N.J. 1927).

Pincite

Opinion

Per Curiam.

This is a zoning case. The relator owned a plot of ground in East Orange. He applied to the building inspector of the city for a permit for the erection thereon of a two-story brick building to be used for stores and offices. The permit was refused upon the sole ground that the proposed building was in a district designated as a medium volume residence district in the zoning ordinance of the city, in which a building of the character proposed by the relator was excluded.

We think that this case falls within the case of State v. Nutley, 99 N. J. L. 389. That case in the Court of Errors and Appeals is binding on this court in the absence of modification by 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.

This is a zoning case. The relator owned a plot of ground in East Orange. He applied to the building inspector of the city for a permit for the erection thereon of a two-story brick building to be used for stores and offices. The permit was refused upon the sole ground that the proposed building was in a district designated as a medium volume residence district in the zoning ordinance of the city, in which a building of the character proposed by the relator was excluded.

We think that this case falls within the case of State v. Nutley, 99 N. J. L. 389. That case in the Court of Errors and Appeals is binding on this court in the absence of modification by 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)

137 A. 924, 5 N.J. Misc. 514, 1927 N.J. Sup. Ct. LEXIS 206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-newman-v-scott-nj-1927.