TIDEWATER OIL CO. v. MAYOR & COUNCIL OF CARTERET


84 N.J. Super. 525 (1964)

202 A.2d 865

TIDEWATER OIL COMPANY, A CORPORATION, GEORGE D. EMERY COMPANY, A CORPORATION, AND ZOLTAN YUHASZ AND FLORENCE YUHASZ, HIS WIFE, PLAINTIFFS-RESPONDENTS, AND M & T CHEMICALS INC., INTERVENOR-RESPONDENT, 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-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1964.


Attorney(s) appearing for the Case

Mr. Benedict W. Harrington argued the cause for appellants (Messrs. Kessler, Kessler & Harrington, attorneys).

Mr. Emory C. Risley argued the cause for intervenor-respondent (Messrs. Stryker, Tams & Dill, attorneys).

Mr. Sam Weiss argued the cause for respondents (Messrs. Jacobson & Winter, attorneys; Mr. Weiss, on the brief).

Before Judges CONFORD, FREUND and SULLIVAN.


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

Defendants appeal from a final judgment of the Superior Court, Law Division, declaring invalid those portions of the Borough of Carteret zoning ordinance, as adopted May 8, 1963, which divided the then existing heavy industrial zone into two parts, and placed use restrictions on one which were not made applicable to the other.

The factual background is fully set forth in the trial court's opinion, see...

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