LIONSHEAD LAKE, INC. v. TOWNSHIP OF WAYNE


10 N.J. 165 (1952)

89 A.2d 693

LIONSHEAD LAKE, INC., PLAINTIFF-RESPONDENT, v. TOWNSHIP OF WAYNE, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Reargued June 16, 1952.

Decided June 26, 1952.


Attorney(s) appearing for the Case

Mr. Edward A. Markley and Mr. James J. Langan argued the cause for the appellant (Messrs. Markley & Broadhurst, attorneys; Mr. Frederic G. Stickel, III, on the brief).

Mr. Reuben P. Goldstein argued the cause for the respondent.


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

The plaintiff, the owner and developer of a large tract of land in the defendant township, commenced this action in lieu of a prerogative writ challenging the validity of the defendant's zoning ordinance in fixing the minimum size of dwellings and in placing certain of its properties in a residential district. On the plaintiff's motion the trial court entered summary judgment in its favor on the first count...

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