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CITY OF RAHWAY v. RARITAN HOMES, INC.

21 N.J. Super. 541 (1952)

91 A.2d 409

CITY OF RAHWAY, PLAINTIFF-APPELLANT, v. RARITAN HOMES, INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 3, 1952.

Attorney(s) appearing for the Case

Mr. James F. Patten argued the cause for the appellant.

Mr. Huyler E. Romond argued the cause for the respondent (Messrs. Toolan, Haney & Romond, attorneys; Mr. John E. Toolan, of counsel).

Before Judges McGEEHAN, BIGELOW and SMALLEY.

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

The City of Rahway appeals from an order of the Chancery Division which denied a motion for an interlocutory injunction restraining the defendant from selling any part of certain lands in Rahway.

The action is based on R.S. 40:55-15, as amended. The section is part of Article I comprising 21 sections which have their source in L. 1930, c. 235. The article, as amended,

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