FRED v. MAYOR AND COUNCIL, OLD TAPPAN BOROUGH


10 N.J. 515 (1952)

92 A.2d 473

WALTER B. FRED, ET ALS., PLAINTIFFS-APPELLANTS, v. MAYOR AND COUNCIL OF THE BOROUGH OF OLD TAPPAN, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided November 17, 1952.


Attorney(s) appearing for the Case

Mr. James A. Major argued the cause for the appellants (Messrs. Major & Carlsen, attorneys).

Mr. Walter H. Jones argued the cause for the respondent.


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

The plaintiff landowners instituted this action in the Law Division of the Superior Court to test the validity of an ordinance of the defendant borough regulating the removal of soil from lands within its confines. From the judgment of that court sustaining the ordinance the plaintiffs took an appeal to the Appellate Division of the Superior Court which we have certified here on our own motion.

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