Marrocco v. Bd. of Adjustment of City of Passaic

This is an appeal from a judgment entered in the Law Division reversing the respondent Board of Adjustment's refusal to grant a variance from the terms of the zoning ordinance of the City of Passaic.

In March, 1948, the plaintiff held a contract to purchase premises located at 56-70 Passaic Avenue, Passaic, New Jersey, within a residence C zone. The contract contained a provision authorizing the plaintiff to declare it void in the event he did not receive permission within ninety days to conduct a funeral parlor at the premises. On March 31, 1948, the plaintiff filed application for a variance…