Schack v. Trimble

The opinion of the court was delivered by

Bteliítg, J.

Defendant, building inspector of the Borough of Deal, Monmouth County, New Jersey, denied plaintiffs’ application for a building permit to construct a one-family residence. Plaintiffs instituted a . proceeding in . lieu of prerogative writ in the Superior Court, Law Division, praying that the defendant be required .to issue the desired permit. That court, after a hearing, dismissed the plaintiffs’ action. On appeal, the Appellate Division reversed, 48 N. J. Super. 45 (1958), and we granted the defendant’s petition for certification. 26 N.…