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SPRINGFIELD TP. v. N.J. HWY. DEPT.

91 N.J. Super. 567 (1966)

221 A.2d 766

THE TOWNSHIP OF SPRINGFIELD, PLAINTIFF, v. NEW JERSEY STATE HIGHWAY DEPARTMENT AND PUBLIC CONSTRUCTORS, INC., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided June 22, 1966.

Attorney(s) appearing for the Case

Mr. James M. Cawley, Township Attorney, for plaintiff.

Mr. Philip A. Donnelly, Deputy Attorney General, for defendant New Jersey State Highway Department (Mr. William J. McCormack, Deputy Attorney General, on the brief; Mr. Arthur J. Sills, Attorney General, attorney).

Mr. Joseph H. Stamler for defendant Public Constructors, Inc. (Mr. Richard M. Goldman, on the brief; Messrs. Lorentz & Stamler, attorneys).

FELLER, J.S.C.

Plaintiff has instituted this action in lieu of prerogative writs seeking the following relief, as set forth in their complaint, against defendants:

"(a) Restraining and enjoining Public Constructors, Inc., their agents and servants, from continuing to burn plant life, trees and debris in the Township of Springfield without a burning permit.

(b) Commanding Public Constructors, Inc., to obey the Ordinances of the Township of Springfield...

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