STATE EX REL. BD. OF HEALTH v. SOMMERS RENDERING CO.


66 N.J. Super. 334 (1961)

169 A.2d 165

THE STATE OF NEW JERSEY, EX REL. THE BOARD OF HEALTH OF THE TOWNSHIP OF SADDLE BROOK, PLAINTIFF-RESPONDENT, v. SOMMERS RENDERING COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT. SOMMERS RENDERING CO., PLAINTIFF-APPELLANT, v. BOARD OF HEALTH OF THE TOWNSHIP OF SADDLE BROOK, IN THE COUNTY OF BERGEN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 1961.


Attorney(s) appearing for the Case

Mr. Ralph W. Chandless argued the cause for appellant (Messrs. Chandless, Weller & Kramer, attorneys).

Mr. Joseph J. MacDonald argued the cause for respondent (Mr. Walter H. Jones, attorney).

Before Judges CONFORD, FREUND and KILKENNY.


The opinion of the court was delivered by KILKENNY, J.A.D.

In these consolidated actions, the Superior Court, Chancery Division, granted a judgment whereby it enjoined Sommers Rendering Company from using its premises and conducting its fat rendering business in the Township of Saddle Brook, Bergen County, New Jersey, "in such manner as to cause the emission and prevalence of foul and noxious odors in the vicinity surrounding said premises." It further ordered that...

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