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GARTLAND v. MAYWOOD

45 N.J. Super. 1 (1957)

131 A.2d 529

THOMAS A. GARTLAND, ET AL., PLAINTIFF-APPELLANTS, v. BOROUGH OF MAYWOOD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, AND BERGEN MALL AND MAY-PAR GARDEN CENTER, INTERVENING DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 26, 1957.

Attorney(s) appearing for the Case

Mr. Frank H. Hennessy argued the cause for plaintiffs-appellants (Messrs. Hennessy & Mowry, attorneys).

Mr. Edward G. Evertz argued the cause for defendant-respondent Borough of Maywood (Messrs. Winne & Banta, attorneys).

Mr. George A. Brown argued the cause for intervening defendants-respondents, Bergen Mall and May-Par Garden Center (Messrs. Morrison, Lloyd & Griggs, attorneys; Mr. Francis V.D. Lloyd, of counsel).

Before Judges CLAPP, JAYNE and FRANCIS.

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

Plaintiffs, residents of the Borough of Maywood, instituted this action before the Superior Court, Law Division, for the purpose of having an amendment to the borough's zoning ordinance set aside. Judge Leyden, for the Law Division, sustained the amendment, and plaintiffs bring this appeal. The underlying question is whether the amendment is so manifestly neglectful of the general welfare of Maywood that the...

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