# Peckitt v. Board of Adjustment of Spring Lake

> Supreme Court of New Jersey · January 15, 1948 · 136 N.J.L. 405

URL: https://www.frixlaw.com/law-library/cases/3569953

## Case

- **Full name:** Mary A. K. Peckitt, Prosecutor, v. Board of Adjustment of the Borough of Spring Lake, Defendant
- **Court:** Supreme Court of New Jersey
- **Decided:** January 15, 1948
- **Citations:** 136 N.J.L. 405; 56 A.2d 621; 1948 N.J. Sup. Ct. LEXIS 229
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Colie
- **Judges:** Donges, Colie, Eastwood
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3569953

## Opinion text

The opinion of the court was delivered by
Colie, J.
This matter comes before the court on the return of a rule'to show cause why a writ of
certiorari
should not be allowed to review the denial by the Board of Adjustment of an application and refusal to recommend to the governing body of the municipality the use of the premises in question as a rooming house.
The action of the Board of Adjustment of the Borough of Spring Lake in denying the application was rendered on May 28th, 1947. The application for writ of
certiorari
was made July 7th, 1947. The applicable statute
R. S.
40:55-46 provides that “No writ of
certiorari
to review any decision of the Board of Adjustment shall issue unless application therefor be made within thirty days after the filing of the decision in the office of the Board. * * *” A reasonable statutory limitation upon the time within which
certiorari
may issue has been held constitutional and what is a reasonable limitation will be determined upon the facts of each case as it arises.
Owen et al.
v.
Atlantic City,
125
N. J. L.
145.
We deem that a thirty day limitation within which to apply for a writ of’
certiorari
to review a decision of a Board of Adjustment is a reasonable one and that prosecutor’s application was not within time. The rule to show cause is discharged, with costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3569953. Public record. Not legal advice.