Pieretti v. Mayor and Council of Town of Bloomfield

The opinion of the court was delivered by

Schettino, J.

Plaintiffs instituted an action in lieu of prerogative writ to review the determination of the Town Council of Bloomfield in refusing to concur in the recommendation of the board of adjustment to grant a variance to plaintiffs. N. J. S. A. 40:55-39(d). The Law Division allowed owners of properties within 200 feet of plaintiffs’ property to intervene as defendants. The Law Division dismissed the complaint. Plaintiffs appealed to the Appellate Division and, while the appeal was pending, we certified it on our own motion.

In 1944 plaintiffs…