Lutz v. Kaltenbach

Pee Ctjeiam.

This is an appeal from a judgment of the Supreme Court, overruling a demurrer to an alternative writ of mandamus and awarding a peremptory writ.

The proceeding grew out of the refusal of appellant to issue a building permit to respondents to erect an addition to their building on South Broad street in Elizabeth. The sole ground for such refusal being that the proposed addition contemplated the construction and use of four stores in violation of the provisions of the zoning ordinance of the city of Elizabeth; the lands upon which such construction was contemplated being, under such…