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OAKWOOD AT MADISON, INC. v. TP. OF MADISON

117 N.J. Super. 11 (1971)

283 A.2d 353

OAKWOOD AT MADISON, INC., A CORPORATION OF THE STATE OF NEW JERSEY, BEREN CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, DOROTHY MAE SHEPARD, LOUVENIA ALSTON, WILLIAM BAYLIS, BRENDA SMITH, LIZZIE WALKER AND GERALDINE YORK, PLAINTIFFS, v. THE TOWNSHIP OF MADISON AND THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided October 27, 1971.

Attorney(s) appearing for the Case

Mr. Frederick C. Mezey, Mr. Dennison Ray of the New York bar, admitted pro hac vice, and Mrs. Lois Thompson of the New York bar, admitted pro hac vice, for plaintiffs (Messrs. Mezey & Mezey, attorneys).

Mr. Richard F. Plechner, for the defendant Township of Madison.

Mr. Jonathan Weiner, Deputy Attorney General for defendant State of New Jersey (Mr. George F. Kugler, Attorney General, attorney).

FURMAN, J.S.C.

This prerogative writ action challenges the constitutionality of the Zoning Act, N.J.S.A. 40:55-30 et seq., and the validity under that act of the Madison Township zoning ordinance adopted on September 25, 1970. Plaintiffs are two developers, who own vacant and developable land in Madison Township, and six individuals, all with low income, representing as a class those who reside outside...

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