DOVER TP. v. KASSENOFF


37 N.J. Super. 582 (1955)

118 A.2d 57

TOWNSHIP OF DOVER IN THE COUNTY OF OCEAN PLAINTIFF-RESPONDENT, v. MAURICE KASSENOFF AND MARILYN KASSENOFF, HIS WIFE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 3, 1955.


Attorney(s) appearing for the Case

Mr. Roy G. Simmons argued the cause for the respondent (Messrs. Camp and Simmons, attorneys).

Mr. Robert J. Novins argued the cause for the appellants (Messrs. Novins and Novins, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.


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

On motion for summary judgment the Law Division sustained the authority of the township to condemn the lands in question for use as a place of disposal of garbage, rubbish and waste materials as part of the municipal plan for collection and disposition thereof. The property owners now seek a review of that determination.

The facts involved are not in dispute. The Kassenoffs are owners of a 60-acre tract...

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