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SLATTERY v. CALDWELL TP.

83 N.J. Super. 317 (1964)

199 A.2d 670

JAMES SLATTERY, WILLIAM ILLGE AND WILDLIFE PRESERVES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS-RESPONDENTS, v. TOWNSHIP OF CALDWELL, A MUNICIPAL CORPORATION IN THE COUNTY OF ESSEX AND STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 1964.

Attorney(s) appearing for the Case

Mr. W. Eugene San Filippo argued the cause for appellant (Mr. Robert W. Brady, attorney).

Mr. Robert Muir, Jr., argued the cause for respondents (Messrs. Mills, Doyle & Muir, attorneys; Mr. Muir, on the brief).

Before Judges GOLDMANN, KILKENNY and COLLESTER.

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

Defendant appeals from a Law Division summary judgment invalidating an amendment to the Caldwell Township zoning ordinance which would classify an agricultural-residential zone as Industrial Zone 2 and forbid any further residential development in that zone. The sole issue requiring decision is whether an amendment establishing a use zone and describing one of its boundaries as "Proposed Federal Highway...

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