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DARRAH v. TOWNSHIP OF EVESHAM

111 N.J. Super. 62 (1970)

267 A.2d 70

ALBERT DARRAH AND RUTH DARRAH, HIS WIFE, INDIVIDUALLY AND AS RESIDENTS AND TAXPAYERS OF THE TOWNSHIP OF EVESHAM, AND AS REPRESENTATIVES OF A CLASS OF OBJECTORS, PERSONS HEREIN DEFINED AND LISTED BY NAME, PLAINTIFFS-RESPONDENTS, v. THE TOWNSHIP OF EVESHAM, ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 1970.

Attorney(s) appearing for the Case

Mr. John O. Sitzler, Jr. argued the cause for appellants (Messrs. Mathews & Sitzler, attorneys; Mr. Robert W. Criscuolo, on the brief).

Mr. Gerald E. Haughey argued the cause for respondents (Messrs. Charles & Pluese, attorneys).

Before Judges KILKENNY, LABRECQUE and LEONARD.

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

In this proceeding in lieu of prerogative writs defendants Township of Evesham and its Municipal Utilities Authority (Authority) appeal from a summary judgment by the trial court declaring a municipal ordinance authorizing, inter alia, the construction of sewers as local improvements, to be unlawful in light of the existence of the Municipal Utilities Authority and enjoining defendants from taking any...

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