This is a motion for summary judgment by the defendant, Fremar Corp.
The facts in connection herewith, as demonstrated by the affidavits and exhibits herein filed, are as follows: On February 7, 1955 R. B. Williams, Jr., Building Inspector of the City of Margate City, issued a building permit to John Low & Sons as builder and Fremar Corp. as owner, for the erection of a structure at Cedar Grove and Atlantic Avenues, Margate City, New Jersey, the plans for the same having been theretofore filed with the said building inspector. The plans as so filed show that the structure to be erected contains at least 47 separate units, in which units there is provision for at least 69 bedrooms. The building as proposed to be constructed is in a U-shape, being two stories in height. At the base of the U there is no structure on the first floor, an open entrance being afforded thereby to the center of the U. On the second floor, however, bridging this entrance, there are constructed several apartments or bedrooms. The heat for the entire building is supplied from one heater room. In 38 of the units provision is made for kitchenettes.
On January 31, 1955 the Fremar Corp. entered into a building contract with John Low and Sons for the construction of the building here involved. Shortly prior to entering into said contract the Boardwalk National Bank of Atlantic City agreed to advance the sum of $162,000 upon a construction mortgage for the erection of this building. On April 25, 1955, the date upon which summons was served upon these defendants, the buildings were approximately two-thirds completed
and the Fremar Corp. had expended in excess of $100,000 in connection with the construction.
Plaintiffs argue that the issuance of said building permit was in violation of the building zone ordinance of the City of Margate City and that they as adjoining owners will sustain special damage as a result of the violation.
Defendants allege, and it is admitted, that the land here involved is located in a Dwelling C Zone. The ordinance, as far as here material, concerning dwellings in the Dwelling C Zone, provides as follows:
"Section 6. Dwelling C Zone Uses. Within any DWELLING C Zone no building shall be used in whole or in part for any industrial, manufacturing, trade or commercial purpose or for any other than the following specified purposes:
1. Any use permitted and as regulated in Sections 5 and 5-A."
Sections 5 and 5-A of said ordinance referred to in section 6, as far as here material, provide as follows:
"Section 5-A. Dwelling B Zone. Within any DWELLING B Zone no building shall be used in whole or in part for any industrial, manufacturing, trade or commercial purpose or for any other than the following specified purposes:
2. Hotels, apartment houses or hotel-apartments having not less than 50 bedrooms for guests, or 50 ...