Schmidt v. BOARD OF ADJUSTMENT, CITY OF NEWARK

The opinion of the court was delivered by

Heher, J.

The appeal concerns the propriety of the action taken by the local board of adjustment refusing plaintiffs leave to use their lands at the northeast corner of Lyons Avenue and Clinton Place, Newark, for the operation of a gasoline service station. The ruling was sustained by the Superior Court on a review in lieu of the prerogative writ of certiorari.

Proceeding on the hypothesis that “gasoline or oil stations, automobile filling and cleaning stations and public garages, while necessary, may be inimical to the public safety and general welfare…