ITZEN & ROBERTSON, INC. v. BD. OF HEALTH OF OAKLAND


92 N.J. Super. 241 (1966)

222 A.2d 769

ITZEN & ROBERTSON, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BOARD OF HEALTH OF THE BOROUGH OF OAKLAND AND ELSIE BARWICK, SECRETARY OF THE BOARD OF HEALTH OF THE BOROUGH OF OAKLAND, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided September 20, 1966.


Attorney(s) appearing for the Case

Messrs. Hirschklau, Wasserman & Welch for appellants.

Mr. Jerome A. Vogel argued the cause for respondent (Messrs. Jeffer, Walter & Tierney, attorneys).

Before Judges CONFORD, FOLEY and LEONARD.


PER CURIAM.

We have concluded that the judgment should be affirmed essentially for the reasons stated in the opinion of Judge Schneider in the Law Division concerning the lack of statutory authorization for the requirement of maintenance bonds. We express no opinion as to the criticism concerning absence of proper legislative standards.

We take note of appellants' contention that any defects in the ordinance...

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