Sgromolo v. City of Asbury Park

This cause is before me on the return of a rule to show cause, which T allowed (R. S. 2:83-4), why a peremptory writ of mandamus should not be granted compelling respondents to issue a permit to the relator for the construction of a building, to be used as a restaurant, at the southeast corner of Third Avenue and Kingsley Street, in the City of Asbury Park.

From the unchallenged proofs as to the layout of the streets and as to the existing uses made of the properties abutting those streets, in relation to the relator’s property, we ascertain the following facts:

Kingsley Street is one block…