BARTLETT v. MIDDLETOWN TWP.


51 N.J. Super. 239 (1958)

143 A.2d 778

MARGARET B. BARTLETT AND IRVING T. BARTLETT; AND STELLA M. GORE AND ROBERT T. GORE, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF MIDDLETOWN, IN THE COUNTY OF MONMOUTH; TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MIDDLETOWN; AND PLANNING BOARD OF THE TOWNSHIP OF MIDDLETOWN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 1958.


Attorney(s) appearing for the Case

Mr. Benjamin C. Van Tine argued the cause for appellants.

Mr. Lawrence A. Carton, Jr., argued the cause for respondents (Messrs. Roberts, Pillsbury & Carton, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.


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

Plaintiffs, four residents and taxpayers of the Township of Middletown, brought an action in lieu of prerogative writs seeking to set aside in its entirety an amendatory zoning ordinance adopted by the township on March 6, 1957, on the general ground that it did not represent a reasonable exercise of municipal power. Secondary legal issues raised in their complaint and amended complaint dealt with the propriety...

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