Plaza Apartment Hotel Corp. v. Hague

• Decision Date: 20 October 1924
• Docket Number: No. 78.,78.
• Citation: 126 A. 421
• Parties: PLAZA APARTMENT HOTEL CORPORATION v. HAGUE et al.
• Court: New Jersey Supreme Court

126 A. 421

PLAZA APARTMENT HOTEL CORPORATION

v. HAGUE et al.

No. 78.

Court of Errors and Appeals of New Jersey.

Oct. 20, 1924.

Appeal from Supreme Court.

Mandamus by the State, on the relation of the Plaza Apartment Hotel Corporation, against Frank Hague and others, as Board of Commissioners of City of Jersey City, and John Saul, as Superintendent of Buildings. From a judgment overruling demurrer to alternative writ and awarding peremptory writ, respondents appeal. Affirmed.

On appeal from the Supreme Court, in which the following per curiam was filed:

"This case comes before the court on a demurrer to an alternative writ of mandamus.

"The relator is the owner of property, on which are five brick five-story buildings, on the westerly side of Hudson county boulevard. It applied for a building permit to alter its property, so that stores may be erected therein, which application was refused, for the reason that the city ordinance zoned this property as a residential zone from which stores were excluded.

"It appears that the ordinance in question is founded upon chapter 229 of P. L. 1920.

"We think that the decision of this case, so far as this court is concerned, is controlled by Ignaciunas v. Risley (N. J. Sup.) 121 A. 783, and under the authority thereof a peremptory writ of mandamus should issue.

"The demurrer will be overruled and judgment given for the relator, with costs, and a peremptory writ of mandamus awarded."

Thomas J. Brogan, of Jersey City, for appellants.

Gross & Gross, of Jersey City, for respondent.

PER CURIAM. The judgment under review herein should be affirmed for the reasons expressed in the opinion of the Supreme Court

For affirmance: The CHANCELLOR, the CHIEF JUSTICE, Justices PARKER, MINTURN, KALISCH, BLACK, KATZENBACH, and LLOYD, and Judges WHITE, GARDNER, VAN BUSKIRK, CLARK, McGLENNON, and KAYS.

For reversal: None.