130 A. 811 | N.J. | 1925
The prosecutor is the owner of a tract of land on the corner of Renner avenue and Goodwin avenue, in the city of Newark. Pursuant to the ordinance of the city he applied to the superintendent of buildings of that municipality for a building permit for the erection of a frame dwelling and stores on this tract. The permit was refused by the superintendent upon the ground that the prosecutor's lot was located within a residence district, and that the zoning ordinance of the city prohibited the erection of a store within such a district. He thereupon appealed to the board of adjustment of this city for a review of the action of the superintendent of buildings, and that board, after a hearing, adopted a resolution which, after reciting that, in its opinion, there were no special conditions which would make the enforcement of the zoning ordinance result in an unnecessary hardship to the prosecutor, affirmed the decision of the superintendent. The prosecutor then applied for and was allowed a certiorari to review the validity of this resolution of the board of adjustment.
So far as the action of the superintendent of buildings is concerned in refusing to grant the permit for the reason *15
stated, it was without legal justification. Ignaciunas v.Risley,
For the reason indicated, the resolution of the board of adjustment, which is now under review, will be vacated and annulled.