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HANKINS v. BOROUGH OF ROCKLEIGH

55 N.J. Super. 132 (1959)

150 A.2d 63

JOHN R. HANKINS AND ELSIE T. HANKINS, PLAINTIFFS-RESPONDENTS, v. BOROUGH OF ROCKLEIGH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 3, 1959.

Attorney(s) appearing for the Case

Mr. James A. Major argued the cause for defendant-appellant (Mr. Everett I. Smith, on the brief).

Mr. William V. Breslin argued the cause for plaintiffs-respondents (Mr. William J. Scanlon, on the brief).

Before Judges CONFORD, FREUND and HANEMAN.

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

This is an appeal by the defendant from a final judgment of the Law Division "declaring ordinances 3-57-1 and 1-58-1 of the Borough of Rockleigh arbitrary, discriminatory and having no relation to the general welfare of the community" and directing that a building permit be issued to the plaintiffs for the construction of a dwelling in accordance with plans approved by the local planning board. The ordinances...

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