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PUB. HEALTH COUN. v. FRANKLIN TP. BD. OF HEALTH

108 N.J. Super. 239 (1970)

260 A.2d 859

THE PUBLIC HEALTH COUNCIL OF THE NEW JERSEY STATE DEPARTMENT OF HEALTH, PLAINTIFF-RESPONDENT, v. FRANKLIN TOWNSHIP BOARD OF HEALTH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 15, 1970.

Attorney(s) appearing for the Case

Mr. Americo Antonelli argued the cause for appellant.

Mr. Samuel D. Bornstein, Deputy Attorney General, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, Of Counsel).

Before Judges KILKENNY, LABRECQUE and LEONARD.

PER CURIAM.

Defendant Board of Health of Franklin Township appeals from an order of the Public Health Council of the New Jersey Department of Health (hereinafter State Council) annulling certain provisions of Ordinance No. 0-1-69 B.H., passed by defendant on February 10, 1969.

The pertinent portions of the ordinance follow:

1. * * * no person, firm or corporation will be permitted to establish, maintain...

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