Builders' Realty Corp. v. Bigelow

The judgment under review herein should be affirmed.

In thus deciding, however, we hold that the observation in the opinion of the Supreme Court that an appeal to the zoning board of adjustment is a necessary preliminary to recourse to the courts, when legal or constitutional questions are involved, is erroneous and must be overruled upon the authority of the cases in this court of H. Krumgold & Sons v. Jersey City, ante, p. 170, and Losick v. Binda, ante, p. 157.

In the Losick ease we held that zoning boards of adjustment were not created as appellate bodies and that legal or constitutional…