State v. Brennan

Supreme Court of New Jersey

State v. Brennan

2 N.J. Misc. 260, 1924 N.J. Sup. Ct. LEXIS 219

DecidedMarch 25, 1924

StatusPublished

This text of 2 N.J. Misc. 260 (State v. Brennan) 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 v. Brennan, 2 N.J. Misc. 260, 1924 N.J. Sup. Ct. LEXIS 219 (N.J. 1924).

Pincite

Opinion

Per Curiam.

This is a rule to show cause why an alternative or .peremptory writ of mandamus should not issue directed to the respondents, requiring the issuance to relators of a building permit, which has been properly applied for by relators and refused by respondents.

The work for which the permit was applied for was the enclosing, as a sun porch, of a portion of the present open porch of the residence building of relators.

[261]*261The permit was refused upon the ground that the structure contemplated to be erected would, when erected, be in violation of the zoning ordinance of the city of Elizabeth.

We think the matter in question is controlled by tile opinion of this court in Ignaciunas v. Risley, 1 N. J. Adv. R. 1023, and the relators should have an alternative writ of mandamus and such writ is accordingly awarded and may issue.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

This is a rule to show cause why an alternative or .peremptory writ of mandamus should not issue directed to the respondents, requiring the issuance to relators of a building permit, which has been properly applied for by relators and refused by respondents.

The work for which the permit was applied for was the enclosing, as a sun porch, of a portion of the present open porch of the residence building of relators.

[261]*261The permit was refused upon the ground that the structure contemplated to be erected would, when erected, be in violation of the zoning ordinance of the city of Elizabeth.

We think the matter in question is controlled by tile opinion of this court in Ignaciunas v. Risley, 1 N. J. Adv. R. 1023, and the relators should have an alternative writ of mandamus and such writ is accordingly awarded and may issue.

Cite This Page — Counsel Stack

Bluebook (online)

2 N.J. Misc. 260, 1924 N.J. Sup. Ct. LEXIS 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brennan-nj-1924.