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BOUBLIS v. GARDEN STATE FARMS, INC.

122 N.J. Super. 208 (1972)

299 A.2d 763

JULES BOUBLIS, JOSEPH MARGETT AND HILDA MARGETT, HIS WIFE, JOSEPH ROONEY, JOHN SOTNECK, GENA VITALE, PAUL ELWOOD, DANIEL O'CONNELL AND JOSEPH PSOTA, PLAINTIFFS, v. GARDEN STATE FARMS, INC., THE BOARD OF COMMISSIONERS OF THE BOROUGH OF HAWTHORNE, BUILDING INSPECTOR OF THE BOROUGH OF HAWTHORNE, AND THE STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DIVISION OF AERONAUTICS, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 22, 1972.

Attorney(s) appearing for the Case

Mr. Kenneth S. Stein for plaintiffs (Messrs. Hunziker, Hunziker, Stein & Jones, attorneys).

Mr. Herman Jeffer for defendant Garden State Farms, Inc. (Messrs. Jeffer, Walter, Tierney, DeKorte, Hopkinson & Vogel, attorneys).

Mr. Douglas C. Borchard, Jr. for defendants Board of Commissioners and the Building Inspector of the Borough of Hawthorne (Messrs. Evans, Hand, Allabough & Amoresano, attorneys).

Mr. Remo M. Croce for defendants State of New Jersey, Department of Transportation, Division of Aeronautics (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

ROSENBERG, J.S.C.

This proceeding originated as a complaint in lieu of prerogative writ. Plaintiffs demanded a restraining order to enjoin the defendants from proceeding with plans to build a helistop, and such other relief as was deemed just and proper under the circumstances.

The question of whether a restraining order should issue to enjoin defendants was decided in favor of defendants on May 10, 1972. This decision was followed by an agreement by the parties...

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