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WHARTON SAND & STONE CO. v. MONTVILLE TP.

39 N.J. Super. 278 (1956)

120 A.2d 858

WHARTON SAND & STONE COMPANY, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. THE TOWNSHIP OF MONTVILLE, A MUNICIPAL CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 29, 1956.

Attorney(s) appearing for the Case

Mr. Milton A. Dauber argued the case for plaintiff-appellant (Mr. Richard H. Hughes, attorney).

Mr. Scott M. Long, Jr., argued the cause for defendant-respondent (Messrs. Long and Oram, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

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

Plaintiff appeals from a judgment for the defendant entered in an action in lieu of prerogative writ.

Plaintiff had made application to the defendant's board of adjustment pursuant to section 8D of defendant's zoning ordinance, seeking permission to install and operate machinery for the crushing and screening of quarry rock on certain land in Montville owned by the plaintiff. The board, after a hearing...

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