Mayer v. TOWN OF MONTCLAIR BD. OF ADJUSTMENT

The opinion of the court was delivered by

Burling, J.

This case arises out of the Montclair Board of Adjustment’s denial of plaintiffs Mayers’ application for a zoning variance under N. J. S. A. 40:55-39(d). Mayers are purchasers from plaintiff Osborne & Marsellis Corporation under a contract of sale concerning the land in question, which contract, however, is conditioned for performance upon the Mayers’ obtaining permission to conduct upon the land a business similar to that presently carried on by them on a nearby lot. The business involves the purchase of old cars, some of which are resold…