SNOW v. BELL


105 N.J. Super. 484 (1969)

253 A.2d 188

DAVID F. SNOW AND BEATRICE SNOW, HIS WIFE, ROBERT BUSWELL AND HAZEL BUSWELL, HIS WIFE, JERRY F. CROWLEY AND FRANCES M. CROWLEY, HIS WIFE, JOHN S. ULLMAN AND JESSIE L. ULLMAN, HIS WIFE, ALBERT B. LETH, ROBERT LEMKE AND JEAN M. LEMKE, HIS WIFE, AND JOHN T. MLADJEN, FOR THEMSELVES AND FOR ALL OTHER RESIDENTS, TAXPAYERS AND ELECTORS OF THE BOROUGH OF AVALON SIMILARLY SITUATED, PLAINTIFFS, v. EDGAR V.H. BELL, AS A COMMISSIONER OF THE BOROUGH OF AVALON, W. DANIEL KEEN, AS A COMMISSIONER OF THE BOROUGH OF AVALON, ELLSWORTH ARMACOST, AS A COMMISSION OF THE BOROUGH OF AVALON, VIRGINIA OLER, AS BOROUGH CLERK OF THE BOROUGH OF AVALON, AND THE BOROUGH OF AVALON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 8, 1969.


Attorney(s) appearing for the Case

Mr. Morton I. Greenberg for plaintiffs.

Mr. George H. Hohweiler for defendants Edgar V.H. Bell, W. Daniel Keen, Ellsworth Armacost and Virginia Oler (Messrs. Orlando & Cummins, attorneys).

Mr. James A. O'Neill for defendant The Borough of Avalon.


HORN, J.S.C.

Plaintiffs, consisting of taxpayers, voters and The Avalon Home and Land Owners Association, all of the Borough of Avalon, primarily seek by this action to enjoin the borough and its officials from enforcing the provisions of ordinance No. 395. Following answers made by defendants, plaintiffs moved for a summary judgment, relying on defendants' admissions and the pleadings on file.

At the oral...

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