The opinion of the court was delivered

In this matter which was certified for disposition by us, the municipality granted a zoning variance to authorize construction of a garden apartment on land zoned against such structures. During pendency of the appeal the city amended the zoning ordinance in such fashion that garden apartments became a permitted use in the zone where the property in question is located. Under the circumstances, on the record before us the issue is moot, and therefore the appeal is dismissed. No costs.

For dismissal — Chief Justice Weinteaub and Justices Jacobs, Ekanbis, Peoctoe, Hall and Schettino. — 0.

Opposed — None.