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SARTY v. MILLBURN TP.

28 N.J. Super. 199 (1953)

100 A.2d 309

LLOYD A. SARTY, ET ALS., PLAINTIFFS-RESPONDENTS, v. THE TOWNSHIP OF MILLBURN, ETC., ET ALS., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 6, 1953.

Attorney(s) appearing for the Case

Mr. Reynier J. Wortendyke, Jr., argued the cause for defendants-appellants.

Mr. Harrison F. Durand and Mr. Marshall Crowley argued the cause for plaintiffs-respondents (Messrs. Soons & Durand, attorneys; Mr. Doane Twombly, of counsel).

Before Judges CLAPP, GOLDMANN and EWART.

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

Defendants, the Township of Millburn and the members of its township committee, appeal from a judgment of the Law Division entered in favor of plaintiffs which held, among other things, that an ordinance for the improvement of Joanna Way in the Township of Millburn, adopted May 5, 1952, was invalid and had to be set aside. Plaintiffs are owners of property abutting Joanna Way.

Prior to December 3,...

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