Karl Schack and Edna C. Schack, Plaintiffs-Respondents v. Robert P. Trimble, Building Inspector, &c…

Summary

The Supreme Court of New Jersey affirmed the dismissal of the plaintiffs' in lieu action, holding that the zoning ordinance does not require a garage to be situated on the same lot as the dwelling and that the plaintiffs were not entitled to a building permit. The Court also held that the procedural time limits for in lieu relief did not bar the action because the right at issue was a pure question of law. Justice Peotoe dissented in part, arguing that the purchase of the adjacent lot cured the zoning violation and that the majority erred on the merits.