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Grossman v. Abate

Citations: 19 N.J. Super. 516; 88 A.2d 658; 1952 N.J. Super. LEXIS 981

Court: New Jersey Superior Court Appellate Division; April 29, 1952; New Jersey; State Appellate Court

Narrative Opinion Summary

In this case, the plaintiff sought an injunction to prevent the defendants from completing the construction of an addition to their mansion, which included a garage and an outdoor living room, alleging violations of restrictive covenants requiring a 40-foot setback from the property line. The defendants contended that the setback requirement applied only to detached garages or stables and not to structures integrated into the main residence. The court found that the restrictive covenants were part of a neighborhood scheme binding all properties in the subdivision. However, it interpreted the covenants as applying only to separate buildings explicitly for garage or stable use, not to integral parts of a residence. Citing the precedent set in Murtha v. McGarry, the court concluded that the proposed construction was a part of the main dwelling and thus complied with the setback requirements applicable to residences. Consequently, the court dismissed the plaintiff's complaint, allowing the defendants to proceed with their construction plans.

Legal Issues Addressed

Application of Restrictive Covenants

Application: The court evaluates whether the construction of a garage and outdoor living room as part of a main residence violates a restrictive covenant requiring a 40-foot setback from the property line.

Reasoning: The central question is whether the construction of the garage and outdoor living room breaches these covenants.

Interpretation of Setback Requirements

Application: The court interprets that the 40-foot setback requirement applies only to detached garage or stable structures and not to integral parts of the main residence.

Reasoning: The interpretation of the restrictive covenant suggests that it applies only to separate buildings intended for garage or stable use, not to integral components of a residence.

Neighborhood Scheme Binding

Application: The court affirms that restrictive covenants are binding as part of a neighborhood scheme, affecting all properties within the subdivision.

Reasoning: The court acknowledges that the restrictive covenants are part of a neighborhood scheme, binding all parties involved.

Precedent in Murtha v. McGarry

Application: The court references Murtha v. McGarry to illustrate that auxiliary structures like garages should be positioned behind residential structures, reinforcing the interpretation that integrated structures are exempt from the setback rule.

Reasoning: The court references the case Murtha v. McGarry...and concluded that auxiliary structures like garages should be positioned behind residential structures.