THE ALLAN-DEANE CORP. v. TP. OF BEDMINSTER


121 N.J. Super. 288 (1972)

296 A.2d 663

THE ALLAN-DEANE CORPORATION, A DELAWARE CORPORATION QUALIFIED TO DO BUSINESS IN THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THE TOWNSHIP OF BEDMINSTER, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND THE TOWNSHIP OF BEDMINSTER PLANNING BOARD, DEFENDANTS-RESPONDENTS AND LYNN CIESWICK, APRIL DIGGS, W. MILTON KENT, GERALD ROBERTSON, JOSEPHINE ROBERTSON AND JAMES RONE, ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED, PLAINTIFF-INTERVENORS-APPELLANTS, v. THE TOWNSHIP OF BEDMINSTER, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, ITS OFFICIALS, EMPLOYEES, AND AGENTS, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF BEDMINSTER, THE PLANNING BOARD OF THE TOWNSHIP OF BEDMINSTER, AND THE ALLAN-DEANE CORPORATION, A DELAWARE CORPORATION QUALIFIED TO DO BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 14, 1972.


Attorney(s) appearing for the Case

Mrs. Lois D. Thompson, of the New York bar, admitted pro hac vice, argued the cause for appellants (Mr. Peter A. Buchsbaum, American Civil Liberties Union of New Jersey, attorney).

Mr. William W. Lanigan argued the cause for respondent The Allan-Deane Corporation (Mr. Lanigan and Mr. Daniel F. O'Connell, on the brief).

Mr. Nicholas Conover English argued the cause for respondents Township of Bedminster, et al. (Mr. Bingham Kennedy on Statement in Lieu of Brief).

Before Judges LEWIS, CARTON and MINTZ.


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

Plaintiffs Lynn Cieswick et al., proposed intervenors (herein intervenors), appeal from an order of the Law Division dated June 13, 1972 denying their motion to intervene in the matter of the Allan-Deane Corporation v. Bedminster, Tp. et al., an in lieu of prerogative writ proceeding commenced August 23, 1971.

Plaintiffs on June 1, 1972 instituted a separate action against the Township...

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