Prosecutors v. Bd. Of Pub. Works Of City Of Paterson ., 283.

• Decision Date: 08 September 1948
• Docket Number: No. 283.,283.
• Citation: 137 N.J.L. 561,61 A.2d 197
• Parties: Harry RAMSBOTHAM et al., Prosecutors, v. BOARD OF PUBLIC WORKS OF CITY OF PATERSON et al., Defendants.
• Court: New Jersey Supreme Court

137 N.J.L. 561

61 A.2d 197

Harry RAMSBOTHAM et al., Prosecutors,

v.BOARD OF PUBLIC WORKS OF CITY OF PATERSON et al., Defendants.

No. 283.

Supreme Court of New Jersey.

Sept. 8, 1948.

May term, 1948, before DONGES, COLIE, and EASTWOOD, JJ.

Edward G. Weiss and Joseph J. De Luccia, both of Paterson, for prosecutors.

John M. Ward and Benjamin J. Spitz, both of Paterson, for defendants.

DONGES, Justice.

This is a companion case to No. 282 of the present term. 61 A.2d 196. The same prosecutors as in that case here object to the granting of a variance for the use of the property for Blosmor Holding Company as a motor vehicle service station. The property of this defendant is located in the same block of Market Street and on the same side of the street as the one involved in case No. 282. The cases were heard, considered and determined together by the municipal bodies and the factual situation respecting the reasonableness of the relaxation of strict enforcement of the ordinance and the law respecting the power of the municipal bodies to act are the same in both cases. For the reasons expressed in the prior case, the writ of certiorari is dismissed, with costs.

COLIE, J., dissents.