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VERONA v. SHALIT

96 N.J. Super. 20 (1967)

232 A.2d 431

BOROUGH OF VERONA, PLAINTIFF-APPELLANT, v. BENJAMIN SHALIT, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 6, 1967.

Attorney(s) appearing for the Case

Mr. Peter A. Benz argued the cause for the appellant (Messrs. Sarcone, Mascia and Benz, attorneys).

Mr. Kenneth R. Stein argued the cause for the respondent (Messrs. Stein & Stein, attorneys).

Mr. Richard Newman, Deputy Attorney General, argued the cause for New Jersey Department of Health (Mr. Arthur J. Sills, Attorney General, attorney).

Before Judges GAULKIN, LEWIS and LABRECQUE.

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

Defendant Shalit was found guilty in the municipal court of violating an ordinance adopted by the Board of Health of Verona and "fined" $100. The County Court reversed, holding that the ordinance was invalid because it was more restrictive than the code adopted by the Air Pollution Control Commission pursuant to the Air Pollution Control Act, N.J.S.A.

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