FANALE v. BOROUGH OF HASBROUCK HEIGHTS


46 N.J. Super. 238 (1957)

134 A.2d 529

SALVATORE J. FANALE AND MARY K. FANALE, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. BOROUGH OF HASBROUCK HEIGHTS, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 13, 1957.


Attorney(s) appearing for the Case

Mr. Ralph W. Chandless argued the cause for defendant-appellant (Messrs. Chandless, Weller & Kramer, attorneys).

Mr. James A. Major argued the cause for plaintiffs-respondents.

Before Judges CONFORD, HANEMAN and EWART.


PER CURIAM.

Consideration by the court of the record, briefs and oral arguments in this cause, in the light of the public importance of the issues presented, leads to the conclusion that supplemental proofs and briefs and reargument are required.

1. While the ordinance was held by the trial court invalid on its face, it is nevertheless apparent from the oral determination that the court gave consideration to the fact that the prohibition of apartment houses...

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