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TP. OF PEQUANNOCK v. DE WILDE

21 N.J. Super. 517 (1952)

91 A.2d 410

TOWNSHIP OF PEQUANNOCK, PLAINTIFF-RESPONDENT, v. GEORGE DE WILDE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 2, 1952.

Attorney(s) appearing for the Case

Mr. J. Chester Massinger argued the cause for appellant.

Mr. Harry L. Sears argued the cause for respondent (Mr. David Young, 3rd, attorney).

Before Judges FREUND, STANTON and CONLON.

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

George De Wilde was convicted by the Municipal Court of the Township of Pequannock and, on appeal, by the Morris County Court for violation of the local zoning ordinance in that he erected a smokestack 50 feet in height when the ordinance limited the height to 40 feet.

On this appeal, the sole issue is the validity of the zoning ordinance in restricting the height of smokestacks to 40 feet. The appellant...

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