
    STATE OF NEW JERSEY, EX REL. JACOB HORN, RELATOR, v. REINHART O. OSTERMANN, BUILDING INSPECTOR OF THE TOWNSHIP 0F MAPLEWOOD, AND THE TOWNSHIP OF MAPLEWOOD, RESPONDENTS.
    Submitted January 28, 1927
    Decided May 13, 1927.
    Zoning — Stores and Apartment-House in Residence District— Case Within Rule in the Nutley Case.
    On application for mandamus. On demurrer to return to an alternative writ.
    Before Gummere, Ciiiee Justice, and Mr. Justice Trenci-iard.
    Eor the relator, Zucher & Goldberg (Maurice J. Zucher, of counsel).
    Eor the respondents, Samuel D. Williams.
    
   Per Curiam.

The relator applied to the building inspector of the township of Maplewood for a permit to erect a two-story building to contain stores on the lower floor and apartments on the second floor.

It appears that the permit was refused solely because the land in question was within the single or two-family residence district as established by a zoning ordinance, and that the building in question was prohibited thereby.

We think that the case is controlled by the case of State v. Nutley, 99 N. J. L. 389. That case in the Court of Errors and Appeals is binding in this court in the absence of modification in that court, and as yet there has been none.

The relator is entitled to judgment, with costs, and a peremptory writ will issue.  