LOMARCH CORP. v. MAYOR OF ENGLEWOOD


51 N.J. 108 (1968)

237 A.2d 881

LOMARCH CORP., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. MAYOR AND COMMON COUNCIL OF THE CITY OF ENGLEWOOD IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 22, 1968.


Attorney(s) appearing for the Case

Mr. Herbert A. Chary for respondent (Messrs. Chary and Porcoro, attorneys).

Mr. William V. Breslin for appellant.

Mr. Fred G. Stickel, III argued the cause for The New Jersey Institute of Municipal Attorneys and The New Jersey Federation of Official Planning Boards, amici curiae (Messrs. Sachar, Sachar & Bernstein, attorneys for The New Jersey Federation of Official Planning Boards; Mr. John H. Dorsey, on the brief).


The opinion of the court was delivered by HANEMAN, J.

This action in lieu of prerogative writs tests the constitutionality of N.J.S.A. 40:55-1.32 and N.J.S.A. 40:55-1.38, a part of what is commonly known as the Official Map Act, as well as an ordinance adopted by the Common Council of Englewood pursuant thereto. The Law Division found the Act unconstitutional and the defendant appealed to the Appellate Division. While pending there we certified the case...

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