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HOUDAILLE CON. MATS. v. BD. OF AD. TEWKSBURY TP.

92 N.J. Super. 293 (1966)

223 A.2d 210

HOUDAILLE CONSTRUCTION MATERIALS, INC., A NEW JERSEY CORPORATION, AND ALLIED CHEMICAL CORPORATION, A NEW YORK CORPORATION, PLAINTIFFS-RESPONDENTS, v. BOARD OF ADJUSTMENT OF TEWKSBURY TOWNSHIP, DEFENDANT-APPELLANT, AND JOSEPH BLAIR, BUILDING INSPECTOR OF TEWKSBURY TOWNSHIP, AND TOWNSHIP COMMITTEE OF TEWKSBURY TOWNSHIP, A MUNICIPAL CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 7, 1966.

Attorney(s) appearing for the Case

Mr. Richard H. Herold argued the cause for appellant (Messrs. Wharton, Stewart & Davis, attorneys).

Mr. Clifford W. Starrett argued the cause for respondents (Messrs. Schenck, Price, Smith & King, attorneys).

Before Judges CONFORD, FOLEY and LEONARD.

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

The Tewksbury Board of Adjustment appeals from a decision of the Law Division which vacated certain conditions which the board had imposed in granting an application of the plaintiffs for a special use permit under the local zoning ordinance for the construction and operation of a bituminous concrete plant. The Law Division held the plaintiffs were entitled to the permit free from the conditions, the latter...

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