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HAMLIN v. MATARAZZO

120 N.J. Super. 164 (1972)

293 A.2d 450

MAHLON V. HAMLIN AND HELEN HAMLIN, PLAINTIFFS, v. CONSTANTINE MATARAZZO, JR., CYPRESS CONSTRUCTION CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, MAYOR AND COUNCIL OF THE BOROUGH OF NORTH CALDWELL, PLANNING BOARD OF THE BOROUGH OF NORTH CALDWELL, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided June 30, 1972.

Attorney(s) appearing for the Case

Mr. Harvey R. Pearlman appeared for plaintiffs (Messrs. Friedman, Kates & Uscher, attorneys).

Mr. Herbert Kramer, appeared for defendants Constantine Matarazzo, Jr., and Cypress Construction Co., Inc.

Mr. John J. Mc Donough, appeared for the defendants Mayor and Council of North Caldwell and Planning Board of North Caldwell.

HANDLER, J.S.C.

This is an action in lieu of prerogative writs challenging the validity of the tentative approval of a proposed subdivision under the Municipal Planning Act, L. 1953, c. 433; N.J.S.A. 40:55-1.1 et seq. Plaintiffs are the owners of a lot and dwelling in the Borough of North Caldwell. Defendant Matarazzo is the present owner and defendant Cypress is the contract purchaser of...

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