KOSLOW, ET AL. v. MUNICIPAL COUNCIL OF TP. OF WAYNE


52 N.J. 441 (1968)

245 A.2d 729

NATHAN KOSLOW, SARAH KOSLOW, ELAINE K. CANTER AND RITA K. NADLER, TRADING AS NATS ASSOCIATES, PLAINTIFFS-APPELLANTS, v. MUNICIPAL COUNCIL OF THE TOWNSHIP OF WAYNE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 31, 1968.


Attorney(s) appearing for the Case

Mr. Howard Stern argued the cause for plaintiffs-appellants (Messrs. Shavick, Thevos, Stern, Schotz and Steiger, attorneys).

Mr. Peter J. Van Norde argued the cause for defendant-respondent.


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

This is a soil removal case, with broad planning, zoning and subdivision regulation connotations. It has had a tortuous history. In the current aspect, the defendant municipal governing body denied plaintiffs a permit to remove a large quantity of soil under the ordinance dealing with that subject. The Law Division, in this action in lieu of prerogative writ brought to review the municipal determination, disagreed...

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