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GOLDSTEIN v. LINCOLN PARK PLANNING BOARD

52 N.J. Super. 44 (1958)

144 A.2d 724

ROBERT GOLDSTEIN AND GASKEL GOLDSTEIN, PLAINTIFFS-RESPONDENTS, v. PLANNING BOARD OF THE BOROUGH OF LINCOLN PARK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 16, 1958.

Attorney(s) appearing for the Case

Mr. Harry L. Sears argued the cause for defendant-appellant (Messrs. Young & Sears, attorneys).

Mr. Richard Heller argued the cause for plaintiffs-respondents (Messrs. Heller & Laiks, attorneys; Mr. Murray A. Laiks, of counsel).

Before Judges GOLDMANN, FREUND and CONFORD.

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

Defendant appeals from a declaratory judgment granted on plaintiffs' motion for summary judgment in the Superior Court, Law Division.

The facts are undisputed and may be succinctly stated as follows: The mayor and council of the Borough of Lincoln Park, on July 7, 1924 approved a certain map, which was duly filed, pursuant to the Old Map Act (R.S.

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