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BOOTH v. BD. OF ADJ., ROCKAWAY TP.

50 N.J. 302 (1967)

234 A.2d 681

BRONSON A. BOOTH, PLAINTIFF-RESPONDENT, v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF ROCKAWAY, THE TOWNSHIP OF ROCKAWAY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS, AND SHAHMOON INDUSTRIES, INC., A CORPORATION, DEFENDANT-APPELLANT. BRONSON A. BOOTH, PLAINTIFF-APPELLANT, v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF ROCKAWAY, THE TOWNSHIP OF ROCKAWAY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND SHAHMOON INDUSTRIES, INC., A CORPORATION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided November 6, 1967.

Attorney(s) appearing for the Case

Mr. Morris M. Schnitzer argued the cause for plaintiff-appellant-respondent Bronson A. Booth (Mr. Waldron Kraemer, on the brief; Mr. Schnitzer, of counsel; Messrs. Kasen, Schnitzer & Kraemer, attorneys).

Mr. Paul R. Nusbaum argued the cause for defendant-appellant Shahmoon Industries, Inc.

Mr. George H. Harbaugh argued the cause for defendants-respondents Board of Adjustment of The Township of Rockaway and The Township of Rockaway.

The opinion of the court was delivered PER CURIAM.

This appeal involves a municipal permission granted Shahmoon Industries, Inc. (Shahmoon) to build and operate a bituminous concrete (blacktop) plant on its property.

Shahmoon conducts various mining and quarrying operations on a 22-acre portion of a 2,200-acre tract which it owns in Rockaway Township. The balance of the 2,200 acres remains in its natural state, although the entire tract is zoned for mining...

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