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SHAW v. MAYOR AND TWP. COMM. OF WAYNE

65 N.J. Super. 461 (1961)

168 A.2d 84

HAROLD SHAW, PLAINTIFF-APPELLANT, v. MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF WAYNE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Supplementary Briefs Filed February 3, 1961.

Decided February 21, 1961.

Attorney(s) appearing for the Case

Mr. Howard Stern argued the cause for appellant (Messrs. Hofstra & Hofstra, attorneys).

Mr. Peter J. Van Norde argued the cause for respondents (Mr. William F. Johnson, attorney).

Before Judges GOLDMANN, FOLEY and DRENK.

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

Plaintiff brought an action in lieu of prerogative writs to have declared invalid a section of the Wayne Township zoning ordinance which prohibited second-hand or used car lots except when incidental to the operation of a new car agency. He also sought an order directing defendants to issue him a license for the operation of a used car lot. The parties made cross-motions for judgment; plaintiff's was denied...

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