ECONOMY ENT., INC. v. TP. COM. OF MANALAPAN TP.


104 N.J. Super. 373 (1969)

250 A.2d 139

ECONOMY ENTERPRISES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, SIDNEY GELLMAN AND BENJAMIN HOCHBERG, PLAINTIFFS-RESPONDENTS, v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MANALAPAN, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY, AND THOMAS E. HIGGINS, TOWNSHIP CLERK OF THE TOWNSHIP OF MANALAPAN, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 7, 1969.


Attorney(s) appearing for the Case

Mr. Marvin E. Schaefer argued the cause for appellants.

Mr. Stewart M. Hutt argued the cause for respondents (Messrs. Hutt & Berkow, attorneys).

Before Judges CONFORD, KILKENNY and LEONARD.


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

Defendant governing body of the Township of Manalapan (hereinafter, township committee) appeals from that portion only of a final judgment of the Law Division, which states:

"Article VII `Improvements,' Section 16 `Performance Guarantees,' Subparagraph (a), Subsection 2 of the Manalapan Township Subdivision Ordinance be and is hereby declared void and illegal and for nothing holden."

I

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