RUBENSTEIN v. CRANFORD TWP.


63 N.J. Super. 1 (1960)

163 A.2d 486

CHARLES RUBENSTEIN, PLAINTIFF, v. TOWNSHIP OF CRANFORD, A MUNICIPAL CORPORATION, AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF CRANFORD, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided August 9, 1960.


Attorney(s) appearing for the Case

Messrs. Rubenstein & Glick, attorneys for plaintiff.

Mr. Donald R. Creighton, attorney for defendants.


FELLER, J.C.C. (temporarily assigned).

Plaintiff commenced this action in lieu of prerogative writs and in the first count of the complaint alleges that the adoption of ordinance No. 59-7 by the Cranford Township Committee on June 23, 1959 was defective and is utterly void and ineffective in that, in violation of R.S. 40:55-35 (as amended by L. 1948, c. 305), the said ordinance was not first submitted to the planning board for consideration and...

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