MAZZA v. BD. OF ADJUSTMENT OF BRIDGETON, N.J., Judgment, Law, casemine.com

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Attorney(S)

Mr. William Gallner argued the cause for appellants ( Mr. Steven Z. Kleiner, on the brief; Messrs. Gallner Kleiner, attorneys). Mr. David L. Horuvitz argued the cause for respondent, Mary Schrank. Mr. Arnold L. Bauer argued the cause for respondents the Mayor and City Council of the City of Bridgeton and the Planning Board of the City of Bridgeton. Mr. Basil D. Beck, Jr., argued the cause for respondent the Board of Adjustment of the City of Bridgeton.

Judges

The opinion of the court was delivered PER CURIAM.

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ANTHONY J. MAZZA AND MARY ANN MAZZA ET AL., PLAINTIFFS-APPELLANTS, v. THEBOARD OF ADJUSTMENT OF THE CITY OF BRIDGETON ET AL.,DEFENDANTS-RESPONDENTS.

The opinion of the court was delivered PER CURIAM.

In this matter which was certified for disposition by us, the municipality granted a zoning variance to authorize construction of a garden apartment on land zoned against such structures. During pendency of the appeal the city amended the zoning ordinance in such fashion that garden apartments became a permitted use in the zone where the property in question is located. Under the circumstances, on the record before us the issue is moot, and therefore the appeal is dismissed. No costs.

For dismissal — Chief Justice WEINTRAUB and Justices JACOBS, FRANCIS, PROCTOR, HALL and SCHETTINO. — 6.

Opposed — None.

MAZZA v. BD. OF ADJUSTMENT OF BRIDGETON

ANTHONY J. MAZZA AND MARY ANN MAZZA ET AL., PLAINTIFFS-APPELLANTS, v. THEBOARD OF ADJUSTMENT OF THE CITY OF BRIDGETON ET AL.,DEFENDANTS-RESPONDENTS.

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