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CRANBERRY LAKE QUARRY CO. v. JOHNSON

95 N.J. Super. 495 (1967)

231 A.2d 837

CRANBERRY LAKE QUARRY CO., PLAINTIFF - RESPONDENT, v. CARL O. JOHNSON, THOMAS CRAIG, THOMAS M. MACKERLEY, MEMBERS OF THE TOWNSHIP COMMITTEE OF BYRAM, AND BYRAM TOWNSHIP, A MUNICIPAL CORPORATION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Reargued April 3, 1967.

Decided June 22, 1967.

Attorney(s) appearing for the Case

Mr. Ervan F. Kushner argued the cause for respondent (Mr. Edward H. Saltzman, attorney).

Mr. Francis E. Bright argued the cause for appellants (Messrs. Dolan & Dolan, attorneys).

Mr. Richard Newman, Deputy Attorney General, argued the cause on behalf of amicus curiae (Mr. Arthur J. Sills, Attorney General of New Jersey).

Before Judges CONFORD, FOLEY and LEONARD.

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

Defendants appeal from that part of a judgment entered in the Law Division in an action in lieu of prerogative writs which invalidated an ordinance of defendant township regulating the operation of quarries. A second ordinance limiting use of a road providing access to plaintiff's quarry property was also invalidated, but defendants do not appeal this determination...

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