WARD v. MONTGOMERY TP.


28 N.J. 529 (1959)

147 A.2d 248

HERMAN M. WARD, ET ALS., PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF MONTGOMERY, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 5, 1959.


Attorney(s) appearing for the Case

Mr. William E. Ozzard argued the cause for plaintiffs-appellants (Messrs. Beekman & Ozzard and Messrs. Mason, Griffin & Moore, attorneys).

Mr. George W. Allgair argued the cause for defendants-respondents (Mr. George W. Allgair and Mr. A. Dix Skillman, attorneys).


The opinion of the court was delivered by FRANCIS, J.

Plaintiffs, taxpayers of the defendant Township of Montgomery, attack the validity of an amendment to its zoning ordinance which enlarged the manufacturing zone. The trial court sustained the municipal action, and we granted certification on our own motion of the appeal to the Appellate Division.

The township is a rural community primarily devoted to agricultural and residential pursuits. It contains an...

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