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GARDEN STATE FARMS, INC. v. BAY

136 N.J. Super. 1 (1975)

343 A.2d 832

GARDEN STATE FARMS, INC., A CORPORATION OF THE STATE OF NEW JERSEY AND STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DIVISION OF AERONAUTICS, PLAINTIFFS, v. MAYOR LOUIS BAY II, COMMISSIONER HAROLD FLOYD AND COMMISSIONER ARTHUR A. BROKAW OF THE BOROUGH OF HAWTHORNE, JULES BOUBLIS, JOSEPH ROONEY, JOHN SOTNECK, PAUL ELWOOD, JOSEPH PSOTA, AND THE BOROUGH OF HAWTHORNE, A MUNICIPALITY OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 8, 1975.

Attorney(s) appearing for the Case

Mr. Herman M. Jeffer for plaintiff Garden State Farms, Inc. (Messrs. Jeffer, Walter, Tierney, DeKorte, Hopkinson & Vogel, attorneys; Mr. Barry N. Shinberg on the brief and of counsel).

Mr. Douglas C. Borchard, Jr. for defendants Mayor Louis Bay II, Commissioner Harold Floyd, Commissioner Arthur A. Brokaw and the Borough of Hawthorne (Messrs. Evans, Hand, Allabough & Amoresano, attorneys).

Mr. Robert J. Passero for defendants Jules Boublis, Joseph Rooney, John Sotneck, Paul Elwood and Joseph Psota (Messrs. Raff & Passero, attorneys).

ROSENBERG, J.S.C.

This is an action in lieu of prerogative writs wherein plaintiff seeks to have an amendment to the zoning ordinance of the Borough of Hawthorne declared invalid and void. The factual record is comprised of a stipulation of facts agreed to by the parties and evidence elicited at a plenary hearing held pursuant to R. 4:69-1. From that record the court has made findings of fact in accordance with its inherent power and constitutional authority...

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