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KIRSCH HOLDING CO. v. BOROUGH OF MANASQUAN

24 N.J. Super. 91 (1952)

93 A.2d 582

KIRSCH HOLDING COMPANY, A BODY CORPORATE OF THE STATE OF NEW JERSEY, AND IRVING B. KIRSCH, PLAINTIFFS-APPELLANTS, v. THE BOROUGH OF MANASQUAN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 12, 1952.

Attorney(s) appearing for the Case

Mr. William R. Blair, Jr., argued the cause for appellants (Messrs. Parsons, Labrecque, Canzona & Combs, attorneys).

Mr. Robert V. Carton argued the cause for respondent (Messrs. Durand, Ivins & Carton, attorneys).

Before Judges EASTWOOD, GOLDMANN and FRANCIS.

The opinion of the court was delivered by GOLDMANN, J.A.D.

On August 22, 1949 the Borough Council of the Borough of Manasquan adopted an ordinance entitled "An Ordinance Regulating the Use of the Beachfront of the Borough of Manasquan and Providing Penalties for the Violation Thereof." The Chancery Division of this court determined — contrary to plaintiffs' contention — that the ordinance was not ultra vires but a valid exercise of the police...

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