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MAGNOLIA DEVELOPMENT CO., INC. v. COLES

10 N.J. 223 (1952)

89 A.2d 664

MAGNOLIA DEVELOPMENT COMPANY, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. OMAR COLES, SR., MAYOR, AND L.A. PHILLIPS, H.R. D'AMICO, J.A. GRAHAM, GEORGE STODDART, HORACE BLANK, AND WILLIAM BROADWATER, MEMBERS OF THE BOROUGH COUNCIL OF THE BOROUGH OF MAGNOLIA, THE BOROUGH OF MAGNOLIA, IN THE COUNTY OF CAMDEN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND E.P. McALLISTER, BUILDING INSPECTOR OF SAID BOROUGH OF MAGNOLIA, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 16, 1952.

Attorney(s) appearing for the Case

Mr. George D. Rothermel argued the cause for the appellant.

Mr. William C. Gotshalk argued the cause for the respondents (Mr. Matthew F. Van Istendal, Jr., attorney).

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

This is an appeal taken by the plaintiff to the Appellate Division of the Superior Court from a judgment of the Law Division of that court in favor of the defendants and certified here on our own motion.

The facts are not in substantial dispute. The plaintiff is a corporation engaged in the sale of lots in the defendant borough. Before the situation occasioning the present litigation arose the plaintiff...

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