State ex rel. Vanderhoff v. Scott

Supreme Court of New Jersey

State ex rel. Vanderhoff v. Scott

135 A. 926, 5 N.J. Misc. 193, 1927 N.J. Sup. Ct. LEXIS 328

DecidedJanuary 28, 1927

StatusPublished

This text of 135 A. 926 (State ex rel. Vanderhoff 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. Vanderhoff v. Scott, 135 A. 926, 5 N.J. Misc. 193, 1927 N.J. Sup. Ct. LEXIS 328 (N.J. 1927).

Pincite

Opinion

Per Curiam.

The relator sought a building permit. He obtained an alternate writ of mandamus. There was a return to the writ and a demurrer to the return.

It thns appears that the relator desired to erect a two-story brick structure containing stores on the first floor and living apartments on the second floor, on the northerly side on Ninth avenue, in the city of Bast Orange, and that the sole reason for denying the permit was that the land in question, by a zoning ordinance, was limited to residential purposes, and a commercial store was prohibited thereby.

We think the case is controlled squarely by the decision in State v. Nutley, 99 N. J. L. 389. A peremptory writ of mandamus will issue.

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Per Curiam.

The relator sought a building permit. He obtained an alternate writ of mandamus. There was a return to the writ and a demurrer to the return.

It thns appears that the relator desired to erect a two-story brick structure containing stores on the first floor and living apartments on the second floor, on the northerly side on Ninth avenue, in the city of Bast Orange, and that the sole reason for denying the permit was that the land in question, by a zoning ordinance, was limited to residential purposes, and a commercial store was prohibited thereby.

We think the case is controlled squarely by the decision in State v. Nutley, 99 N. J. L. 389. A peremptory writ of mandamus will issue.

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Bluebook (online)

135 A. 926, 5 N.J. Misc. 193, 1927 N.J. Sup. Ct. LEXIS 328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-vanderhoff-v-scott-nj-1927.