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TIDEWATER OIL CO. v. MAYOR AND COUNCIL OF BOROUGH OF CARTERET

44 N.J. 338 (1965)

209 A.2d 105

TIDEWATER OIL COMPANY, A CORPORATION, GEORGE D. EMERY COMPANY, A CORPORATION, AND ZOLTAN YUHASZ AND FLORENCE YUHASZ, HIS WIFE, PLAINTIFFS-APPELLANTS, AND M & T CHEMICALS INC., INTERVENOR, v. MAYOR AND COUNCIL OF THE BOROUGH OF CARTERET, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY AND EDWARD ZANAT, BUILDING INSPECTOR OF THE BOROUGH OF CARTERET, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 12, 1965.

Attorney(s) appearing for the Case

Mr. Sam Weiss argued the cause for plaintiffs-appellants (Messrs. Jacobson and Winter, attorneys; Mr. Weiss, of counsel).

Mr. Benedict W. Harrington argued the cause for defendants-respondents (Messrs. Kessler, Kessler & Harrington, attorneys; Mr. Harrington, on the brief).

The opinion of the court was delivered

PER CURIAM.

This case challenges the validity of provisions of the zoning ordinance of the Borough of Carteret which forbid plaintiff Tidewater Oil Company (Tidewater) from erecting and operating in the "Heavy Industrial B" zone a "tank farm" to store petroleum products for bulk sale, distribution and ultimate off-premises consumption. The nub of the claim is that this use is permitted in the "Heavy Industrial

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