KOZESNIK v. MONTGOMERY TP.


29 N.J. 584 (1959)

151 A.2d 537

FRANCIS J. KOZESNIK ET ALS., PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF MONTGOMERY ET ALS., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 1, 1959.


Attorney(s) appearing for the Case

Mr. Ralph S. Mason argued the cause for appellants (Messrs. Mason, Griffin & Moore, attorneys; Mr. Ralph S. Mason, of counsel; Mr. Kester R. Pierson, on the brief).

Mr. George W. Allgair argued the cause for respondent Township of Montgomery (Messrs. George W. Allgair and A. Dix Skillman, attorneys; Mr. George W. Allgair, of counsel).

Mr. Fred G. Stickel, III, argued the cause for respondent Minnesota Mining and Manufacturing Company (Messrs. Stickel & Stickel, attorneys; Mr. Fred G. Stickel, III, of counsel).


The opinion of the court was delivered PER CURIAM.

In Kozesnik v. Montgomery Tp., 24 N.J. 154 (1957), an amendment to the zoning ordinance was declared invalid because of specific infirmities therein described. The township thereafter adopted another amendment free of those infirmities, and that amendment is the subject of the present litigation. The trial court sustained the ordinance. Before us plaintiffs assert the township...

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