Supreme Court of New Jersey
George A. Dolan, Alice Dolan, His Wife, Archie H. Ormond and Helen R. Ormond, His. Wife, Plaintiffs-Respondents And…
December 6, 195416 N.J. 599
Summary
The Supreme Court of New Jersey affirmed the Superior Court, Law Division's judgment, holding that the trial court correctly set aside the variance granted by the Board of Adjustment and the City Council, properly admitted evidence not before the municipal bodies, and rightly denied the plaintiffs' requests for injunctions, removal of the garage, damages, and municipal enforcement. The Court emphasized the necessity of a competent evidentiary record for variance decisions and found the plaintiffs failed to meet the clear‑and‑convincing burden for injunctive relief.