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Scerbo v. Board of Adjustment

Decided: July 22, 1949.

JOSEPH SCERBO, PLAINTIFF-APPELLANT,
v.
BOARD OF ADJUSTMENT OF THE CITY OF JERSEY CITY, DEFENDANT-RESPONDENT



Eastwood, Joseph L. Smith and Grimshaw. The opinion of the court was delivered by Joseph L. Smith, J.s.c.

Smith

A writ of certiorari was allowed on June 8, 1947, to the plaintiff, Joseph Scerbo, to review a determination of the Board of Adjustment of the City of Jersey City. The said Board denied plaintiff's appeal from the decision of building superintendent of Jersey City, in denying a permit to the plaintiff to make alterations to the premises allegedly owned by his wife, and leased by him, for use as a dry cleaning establishment.

Application was made by the plaintiff on April 29, 1947, for a building permit to alter 2725 Hudson Boulevard, Jersey City, New Jersey, a building situated at the northwest corner of Hudson Boulevard and Stuyvesant Avenue, Jersey City, which alterations were intended for the purpose of installing a "Prosperity Model" 6-A Dry Cleaning Unit in proposed dry cleaning establishment. The said building contained a vacant store on the first floor, and two families on the second floor, and two families on the third floor, each apartment consisting of three rooms. The superintendent of buildings of said city on April 29, 1947, rejected the plaintiff's application as being contrary to section 4, paragraph 1 of the Zoning Ordinance passed February 6, 1931, in Jersey City, which reads as follows:

"SECTION IV -- BUSINESS ZONE OR DISTRICT.

Par. 1. In a business zone or district, as designated on the 'Use District Map,' no premises, building or structure shall hereafter be erected, altered or used for any of the following purposes:

1. Commercial enterprises.

2. Manufacturing of any kind, except as hereinafter provided.

3. Industrial enterprises.

6. Carpet or bag cleaning establishment.

11. A public garage or gasoline filling station.

16. A public parking station.

17. Any use which is a nuisance per se."


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