Schack v. Trimble

The opinion of the court was delivered by

Schettino, J. A. D.

Appeal is from a prerogative writ judgment of the Superior Court, Law Division, Monmouth County, affirming the denial by defendant of an application made by plaintiffs for a permit to construct a dwelling house.

The basic issue requires an examination into certain sections of the zoning ordinance of the Borough of Deal in their application to two contiguous lots, separately numbered but title to both held at one and the same time by plaintiffs.

In 1944 the plaintiffs purchased Lot 11A with a one-family house and attached garage located…