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DUFFCON CONCRETE PRODUCTS, INC. v. BOROUGH OF CRESSKILL

1 N.J. 509 (1949)

64 A.2d 347

DUFFCON CONCRETE PRODUCTS, INC., A CORPORATION, PROSECUTOR-RESPONDENT, v. THE BOROUGH OF CRESSKILL, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 7, 1949.

Attorney(s) appearing for the Case

Mr. Walter H. Jones, argued the cause for the defendant-appellant.

Mr. James A. Major argued the cause for the prosecutor-respondent (Messrs. Breslin & Breslin, attorneys).

Mr. John A. Errico filed a brief as attorney for the Joint Council of Municipal Planning Boards in Essex County, N.J., as amicus curiae.

The opinion of the court was delivered by VANDERBILT, C.J.

This is an appeal by the Borough of Cresskill from a judgment of the former Supreme Court setting aside its zoning ordinance.

The Borough is a small residential community in Bergen County, comprising about 1,300 acres and having a population of approximately 2,300 persons. In an effort to retain its residential character, the defendant in 1941 adopted a stringent...

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