Gaston v. Ackerman
| Decision Date | 29 June 1928 |
| Docket Number | No. 279.,279. |
| Citation | 142 A. 546 |
| Parties | GASTON v. ACKERMAN et al. |
| Court | New Jersey Supreme Court |
Certiorari by William F. Gaston against Frank I. Ackerman and others to review the action of the Board of Appeals (Board of Adjustment) of the City of Passaic with reference to granting permit to Louis Stein to erect an apartment house. On motion to vacate allocatur to writ of certiorari. Motion denied.
Argued January term, 1928, before TRENCHARD, KALISCH, and KATZENBACH, JJ.
Ward & McGinnis, of Paterson, for the motion.
Humphreys & Sumner, of Paterson, opposed.
This is a branch of case No. 278, 142 A. 545, of the January term, 1928. No. 278 was presented to this court upon a writ of certiorari for the purpose of reviewing the action of the board of appeals, or board of adjustment, of the city of Passaic with reference to the granting of a permit to Louis Stein to erect an apartment house upon a certain tract of land in the city of Passaic zoned for a one-housekeeping unit. The present case is a motion to vacate the allocatur to the writ in case No. 278. There are three grounds upon which this motion is based. These in the notice of motion are stated as follows:
"(1) That the prosecutor has no personal or property interest in the action or proceedings brought up by the writ, so as to entitle him to prosecute the certiorari; (2) that a review of the decision of the board of adjustment of the city of Passaic brought up by the writ in this case would afford no relief to the prosecutor in view of the issuance of the permit by the building inspector; (3) because by the affidavit filed in the cause, the prosecutor does not show that he is entitled to the relief sought."
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...Conaway has such an interest, and perhaps both of the others also. The point was directly decided by this court in Gaston v. Ackerman, 142 A. 546, 6 N. J. Misc. R. 696, on motion to vacate an allocatur, and as a preliminary to setting aside a permit illegally granted, Id., 142 A. 545, 6 N. ......
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...act is not a remedy upon which the private citizen can with safety rely, or one upon which he is bound to rely." In Gaston v. Ackerman, 142 A. 546, 6 N. J. Misc. R. 696, upon certiorari to review the action of a board of appeals with reference to granting a permit to erect an apartment hous......
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Gaston v. Ackerman, 278.
...the City of Passaic respecting the issuance of a permit to Louis Stein to erect an apartment house. Action of Board set aside. See, also, 142 A. 546. Argued January term, 1928, before TRENCHARD, KALISCH, and KATZENBACH, Humphreys & Sumner, of Paterson, for prosecutor. Ward & McGinnis, of Pa......