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MASON v. HILLSDALE BOROUGH

53 N.J. Super. 500 (1959)

147 A.2d 604

ROBERT MASON, SIDNEY GLATTER, AND ALICE CLARKE, PLAINTIFFS, v. MAYOR AND COUNCIL OF THE BOROUGH OF HILLSDALE, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided January 6, 1959.

Attorney(s) appearing for the Case

Messrs. Ferrera, Guez & Dailey, attorneys for the plaintiff.

Mr. Walter T. Wittman, attorney for the defendant.

SCHNEIDER, J.C.C.

A motion for summary judgment was brought by defendant to strike the complaint of the plaintiffs. Plaintiffs had filed an action in lieu of prerogative writs attacking a certain ordinance enacted by the Borough of Hillsdale in Bergen County, New Jersey, which ordinance provided for the enclosure of swimming pools in the borough.

The plaintiffs are residential property owners in the community, each having a swimming pool on the premises. The...

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