Opinion
January 30, 1956
Present — Wenzel, Acting P.J., Beldock, Murphy, Ughetta and Kleinfeld, JJ.
In a proceeding pursuant to article 78 of the Civil Practice Act to review the determination of respondent board of trustees granting an application for construction of a building within which to conduct a nonconforming use, the appeal is from an order annulling that determination and canceling a building permit made in accordance therewith. Order unanimously affirmed, with $10 costs and disbursements. The ordinance affirmatively provides that no building shall be erected or altered for other than a conforming use and that a nonconforming use shall not be changed unless changed to a conforming use. It was a violation of the ordinance, therefore, to grant the application. Appellants Payne had a vested right to continue the use as it existed at the time of the enactment of the ordinance but had no right to any added construction for such purpose. ( Matter of Chandler v. Corbett, 274 App. Div. 1073; Green v. Board of Comrs. of Newark, 131 N.J.L. 336.)