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McNAMARA v. SADDLE RIVER BOROUGH

64 N.J. Super. 426 (1960)

166 A.2d 391

GERALD C. McNAMARA, SADDLE RIVER COUNTRY DAY SCHOOL AND CHESTNUT RIDGE LAND CO., INC., PLAINTIFFS-RESPONDENTS, v. BOROUGH OF SADDLE RIVER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 9, 1960.

Attorney(s) appearing for the Case

Mr. Bruce H. Losche argued the cause for defendant-appellant (Messrs. Losche and Losche, attorneys).

Mr. James A. Major argued the cause for plaintiffs-respondents (Mr. James A. Major, II, attorney for plaintiffs-respondents Saddle River Country Day School and Chestnut Ridge Land Co., Inc.; Mr. Frederick J. Gassert and Messrs. Gassert, Murphy and Gassert, attorneys for plaintiffs-respondent Gerald C. McNamara).

Mr. Warren Dixon, Jr. argued the cause for William C. Wollen, amicus curiae.

Before Judges CONFORD, FREUND and KILKENNY.

PER CURIAM.

The background and nature of this action are comprehensively set out in the opinion rendered by Judge Brown in the Law Division. We incorporate it herein by reference. We are in agreement with all of the factual findings and conclusions contained therein and with most of the reasoning by which the court concludes that Ordinance No. 105 is invalid because of the disqualifying interest of Councilman Wollen in its subject matter. It is desirable, however...

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