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TIDEWATER OIL CO. v. MAYOR, ETC., OF CARTERET

80 N.J. Super. 283 (1963)

193 A.2d 412

TIDEWATER OIL COMPANY, A CORPORATION, GEO. D. EMERY COMPANY, A CORPORATION, AND ZOLTON YUHASZ AND FLORENCE YUHASZ, HIS WIFE, PLAINTIFFS, AND M & T CHEMICALS, INC., INTERVENOR, v. MAYOR AND COUNCIL OF THE BOROUGH OF CARTERET, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND EDWARD ZANAT, BUILDING INSPECTOR OF THE BOROUGH OF CARTERET, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 23, 1963.

Attorney(s) appearing for the Case

Mr. Lewis S. Jacobson for plaintiffs (Mr. Sam Weiss, on the brief; Messrs. Jacobson & Winter, attorneys).

Mr. Emory C. Risley for intervenor (Messrs. Stryker, Tams & Dill, attorneys).

Mr. Benedict W. Harrington for defendants (Messrs. Kessler, Kessler & Harrington, attorneys).

FURMAN, J.S.C.

The zoning ordinance of the borough of Carteret, enacted May 8, 1963, is under attack for constitutional and statutory flaws. The plaintiffs are the owner and the contract purchaser of premises fronting on the Arthur Kill in the Heavy Industrial B Zone and two individual citizens and taxpayers. The intervening plaintiff is the owner of premises adjoining the plaintiffs' in the B zone, which it has listed with real estate brokers for sale as an industrial...

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