
    LETZ AND KATZ, INCORPORATED, A CORPORATION, RELATORS, v. FRANK I. ACKERMAN, SUPERVISOR OF BUREAU OF BUILDINGS OF THE CITY OF PASSAIC, AND THE CITY OF PASSAIC, DEFENDANTS.
    Argued October 5, 1926
    Decided January 25, 1927.
    Zoning — Gasoline Station in Restricted Territory — Application Denied by Board of Zoning Adjustment, With Intimation That Scheme Involved a Dangerous Fire Hazard — This Decision Stands Until Reversed or Set Aside by Judicial Review.
    On rule to show cause why mandamus should not issue.
    Before Justices Parker, Black and Campbell.
    For the relators, Irving I. Werksmav.
    
    For the defendants, Frederick S. Ranzenhofer.
    
   Per Curiam.

Relator, wishing to install a gasoline station at the southerly corner of Bloomfield and Paulison avenues, in Passaic, finds a zoning ordinance in the way, and asks a writ to override it.

The application for building permit was made in June, 1926, at which time the Board of Zoning Adjustment act was in force. Pamph. L. 1926, p. 526. On the refusal of a permit, relator appealed to the board of zoning adjustment, which in turn denied the permit, with some intimation that the scheme involved a dangerous fire hazard.

In this posture of affairs, and in view of the statute, the decision of the board of zoning appeals stands until reversed or set aside on a judicial review. Chancellor Development Co. v. Senior, 4 N. J. Mis. R. 633.

The present rule to show cause will therefore be discharged.  