Lumund v. Bd. of Adjustment of the Borough of Rutherford

The opinion of the court was delivered by

Btjklxxg, J.

This is an appeal from a judgment of the Superior Court, Law Division, affirming the action of the Board o£ Adjustment of the Borough of Rutherford denying the plaintiff a variance from a zoning ordinance to permit the erection of a motor vehicle service station in a residential district. The appeal was taken to the Superior Court, Appellate Division, but has been certified for hearing here on our own motion.

The plaintiff owns a plot of vacant land located at the northwesterly corner of State Highway Route No. 17 and Nevins Street. The plot…