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ISOLA v. BOROUGH OF BELMAR

34 N.J. Super. 544 (1955)

112 A.2d 738

ALBERT A. ISOLA, ET AL., PLAINTIFFS-APPELLANTS, v. BOROUGH OF BELMAR, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 1955.

Attorney(s) appearing for the Case

Mr. Harry R. Cooper argued the cause for appellants.

Mr. Harold Feinberg argued the cause for respondent.

Mr. Raymond A. Leahy filed a brief amicus curiae for the New Jersey Institute of Municipal Attorneys.

Before Judges GOLDMANN, FREUND and CONFORD.

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

This is an appeal from a judgment for defendant on the pleadings in an action in lieu of prerogative writ testing the validity of Ordinance No. 445 adopted by the Borough of Belmar. The appeal comes before us on an agreed statement in lieu of record. R.R. 1:6-2.

The Police Department of Belmar was established by Ordinance No. 297, adopted October 9, 1934 and providing for its "creation, control...

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