BOROUGH OF WILDWOOD CREST v. MASCIARELLA, ET AL.


51 N.J. 352 (1968)

240 A.2d 665

BOROUGH OF WILDWOOD CREST, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CHARLES MASCIARELLA AND MARGARET MASCIARELLA, HIS WIFE; RALPH JOHNSON AND VERA JOHNSON, HIS WIFE; WILLIAM EARL JOHNSON AND BERTHA JOHNSON, HIS WIFE; ROBERT E. KAY AND ADALENE W. KAY, HIS WIFE; VELMA M. DARE, DEFENDANTS-RESPONDENTS, AND DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOPMENT OF THE STATE OF NEW JERSEY AND THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided March 18, 1968.


Attorney(s) appearing for the Case

Mr. Stephen L. Skillman, Deputy Attorney General, argued the cause for defendants-appellants (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Richard Newman, Deputy Attorney General, of counsel).

Mr. Morton I. Greenberg argued the cause for plaintiff-appellant.

Mr. Nathan C. Staller argued the cause for defendants-respondents; Mr. Robert E. Kay, attorney pro se.


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

A declaratory judgment was entered in the Chancery Division pursuant to its opinion in Wildwood Crest v. Masciarella, 92 N.J.Super. 53 (1966). Appeals by the plaintiff-appellant and the defendants-appellants to the Appellate Division were certified by us before argument there. R.R. 1:10-1.

The facts were stipulated and were sufficiently set forth below...

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