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MAYOR, & C., OF ALPINE BOROUGH v. BREWSTER

7 N.J. 42 (1951)

80 A.2d 297

THE MAYOR AND COUNCIL OF THE BOROUGH OF ALPINE, PLAINTIFF-APPELLANT, v. MARY E. BREWSTER AND GEORGE L. BREWSTER, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 16, 1951.

Attorney(s) appearing for the Case

Mr. C. Conrad Schneider argued the cause for appellant. Messrs. Schneider and Schneider, attorneys.

Mr. George Winne argued the cause for respondents. Messrs. Winne & Banta, attorneys.

The opinion of the court was delivered by HEHER, J.

The plaintiff municipality sues in equity to restrain uses of land and buildings alleged to be in contravention of the local zoning ordinance; and the essential question is whether such relief may be had under R.S. 40:55-47.

The equity division of the Superior Court dismissed the complaint before answer made on the ground that the acts thereby laid to defendants...

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