AM. NAT'L RED CROSS v. SHOTMEYER BROTHERS, INC.


70 N.J. Super. 436 (1961)

175 A.2d 646

THE AMERICAN NATIONAL RED CROSS, A CORPORATION CHARTERED BY THE UNITED STATES CONGRESS, THE RIDGEWOOD NEW JERSEY CHAPTER OF THE AMERICAN RED CROSS, AN UNINCORPORATED ASSOCIATION, RIDGEWOOD RESIDENTS ASSOCIATION, AN UNINCORPORATED ASSOCIATION, JOSEPH A. DONOVAN, FRANK H. JOHNSON, STEPHEN KUNO, RICHARD A. PARSEKIAN, THOMAS RUSHEN, GORDON SHELLARD, KATHRYN STREETER, WILLIAM WARD AND DOROTHY G. WRAY, PLAINTIFFS-APPELLANTS, v. SHOTMEYER BROTHERS, INC., A NEW JERSEY CORPORATION, ALBERT R. GUDRIAN, ACTING SUPERINTENDENT OF BUILDINGS OF THE VILLAGE OF RIDGEWOOD, AND HOMER G. MacVEAN, FRANKLIN B. REINAUER AND ROBERT OLSON, MEMBERS OF THE BOARD OF COMMISSIONERS OF THE VILLAGE OF RIDGEWOOD, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 22, 1961.


Attorney(s) appearing for the Case

Mr. Burrell I. Humphreys argued the cause for appellants (Messrs. Hoffmann & Humphreys, attorneys).

Mr. Howard Stern argued the cause for respondent Shotmeyer Brothers, Inc. (Messrs. Hofstra & Hofstra, attorneys).

Mr. John W. Griggs appeared for respondents Gudrian, MacVean, Reinauer and Olson (Messrs. Morrison, Lloyd & Griggs, attorneys; Mr. Bruce M. Ramer, on the brief).

Before Judges GAULKIN, KILKENNY and HERBERT.


The opinion of the court was delivered by HERBERT, J.S.C. (temporarily assigned).

The plaintiffs sued in the Chancery Division to enjoin the defendant Shotmeyer Brothers, Inc. from constructing a gasoline station in Ridgewood, Bergen County. After trial a final judgment was entered denying injunctive relief and this appeal by the plaintiffs followed. Although The American National Red Cross and The Ridgewood Chapter of The American Red Cross have, since the appeal...

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