Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Esso Standard Oil Co. v. Township of North Bergen

Decided: May 1, 1958.

ESSO STANDARD OIL COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
TOWNSHIP OF NORTH BERGEN, EUGENE A. AGRESTA, BUILDING INSPECTOR OF THE TOWNSHIP OF NORTH BERGEN, JOSHUA MUSS, TOWNSHIP ENGINEER AND ANGELO J. SARUBBI, DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS OF THE TOWNSHIP OF NORTH BERGEN, DEFENDANTS-RESPONDENTS



Goldmann, Freund and Conford. The opinion of the court was delivered by Goldmann, S.j.a.d.

Goldmann

Plaintiff appeals from a Chancery Division judgment refusing to restrain defendants from interfering with its erection of a gasoline service station and compelling them to restore the building permit originally issued for that purpose. The action was determined upon a stipulation of facts and exhibits.

Plaintiff had contracted to purchase a parcel of land on Woodcliff Avenue, between Palisade Plaza and Barr Place, North Bergen Township, the contract being made expressly contingent upon the purchaser obtaining the necessary permits and licenses for the erection and use of the premises as a gasoline filling station. At that time, and continuing up to the present, the premises were and are zoned for business

use. The township zoning ordinance provisions relating to business zones contain the following:

"SECTION IV -- BUSINESS ZONE OR DISTRICT

Business Zone

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:

Prohibited Uses

11. A public garage or gasoline service station when located within 200 feet of any property used for:

(a) A public school.

(b) A duly organized school other than a public school conducted for children under 16 years of age and giving regular instructions at least five days ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.