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BOROUGH OF WESTVILLE v. WHITNEY HOME BUILDERS, INC.

32 N.J. Super. 538 (1954)

108 A.2d 660

BOROUGH OF WESTVILLE, A MUNICIPAL CORPORATION, AND THE STATE OF NEW JERSEY, ON THE RELATION OF THE LOCAL BOARD OF HEALTH OF THE BOROUGH OF WESTVILLE, A MUNICIPAL CORPORATION, PLAINTIFFS, v. WHITNEY HOME BUILDERS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, LEWIS S. KAPNEK, BERTRAM H. KAPNEK, WOODBURY TERRACE TRACT CORP., A CORPORATION ABOUT TO BE FORMED UNDER TITLE 48, CHAPTER 13 OF THE LAWS OF NEW JERSEY, AND THE TOWNSHIP OF DEPTFORD, A MUNICIPAL CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided October 20, 1954.

Attorney(s) appearing for the Case

Mr. W. Louis Bossle, attorney for plaintiffs.

Mr. George B. Marshall (Mr. Walter L. Marshall and Mr. Louis B. LeDuc, of counsel), attorney for defendants Whitney Home Builders, Inc., Lewis S. Kapnek, Bertram H. Kapnek and Woodbury Terrace Tract Corp.

Mr. Martin L. Caufield, attorney for defendant Township of Deptford.

HANEMAN, J.S.C.

The plaintiffs herein have filed a complaint under which they demand relief by way of injunction as against the defendants. The complaint sets forth the following alleged facts.

The defendant Whitney Home Builders, Inc., a corporation engaged in the erection of dwelling houses in the Township of Deptford, Camden County, New Jersey, adjacent to the boundary line between said township and the Borough of Westville, proposes to erect a sewerage...

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