RETSKY, OAKWOOD VIL. v. MUN. UT. AUTH., TP. MARL.


91 N.J. Super. 74 (1966)

219 A.2d 197

HARRY RETSKY AND OAKWOOD VILLAGE, INC., A NEW JERSEY CORPORATION, PLAINTIFFS, v. MUNICIPAL UTILITIES AUTHORITY OF THE TOWNSHIP OF MARLBORO, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided March 30, 1966.


Attorney(s) appearing for the Case

Mr. Fred Dubowsky for plaintiffs (Messrs. Feinberg & Feinberg, attorneys).

Mr. Vincent C. DeMaio for the defendant.


SIMMILL, J.S.C.

Plaintiffs are the owners of 26.2 acres of land located in Marlboro Township. In December 1963 plaintiffs sought approval from the planning board for the development of 44 lots. Accordingly, they submitted a preliminary plat showing, among other requirements, a 10,000-gallon pressurized water tank and a sewage treatment plant located on the northeasterly end of the tract, some 100 feet from the rear of the proposed dwellings.

In December 11...

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