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BATTAGLIA v. WAYNE TOWNSHIP PLANNING BOARD

98 N.J. Super. 194 (1967)

236 A.2d 608

ALBERT J. BATTAGLIA, PLAINTIFF-RESPONDENT, v. WAYNE TOWNSHIP PLANNING BOARD, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 12, 1967.

Attorney(s) appearing for the Case

Mr. Joseph D.J. Gourley for appellant.

Mr. Gerald Goldman for respondent (Messrs. Goldman, Carlet & Garrison, attorneys).

Before Judges KILKENNY, CARTON and MEHLER.

The opinion of the court was delivered by MEHLER, J.S.C. (temporarily assigned).

Wayne Township Planning Board appeals from a summary judgment ordering the issuance of a building permit to plaintiff free from conditions which he challenged as invalid. The facts are not in dispute.

Plaintiff purchased the land involved from Wayne Township at an auction held on December 30, 1963. He took title in March 1964, subject to a condition of sale which obliged him to...

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