THE LONG BRANCH DIVISION OF THE UNITED CIVIC AND TAXPAYERS ORGANIZATION, A CORPORATION OF THE STATE OF NEW JERSEY, VINCENT J. McCUE AND EDGAR DINKELSPIEL, PLAINTIFFS-APPELLANTS,
v.
DR. JAMES R. COWAN, COMMISSIONER OF HEALTH OF THE STATE OF NEW JERSEY, DR. MAURICE G. KOTT, ACTING COMMISSIONER OF THE DEPARTMENT OF INSTITUTIONS AND AGENCIES OF THE STATE OF NEW JERSEY, AND RICHARD RUSSO, DEPUTY DIRECTOR OF THE DEPARTMENT OF HEALTH, DIVISION OF NARCOTIC CONTROL, AND THE CITY OF LONG BRANCH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 8, 1972.
Decided May 30, 1972.
Attorney(s) appearing for the Case
Mr. Michael D. Schottland argued the cause for appellants (Messrs. Chamlin and Schottland, attorneys).
Mr. Joseph Clayton, Assistant Deputy Attorney General, argued the cause for respondents Dr. James R. Cowan, Dr. Maurice G. Kott and Richard Russo (Mr. George F. Kugler, Jr., Attorney General, attorney; Mr. Stephen Skillman, Assistant Deputy Attorney General, of counsel; Mr. Jonathan Weiner, Assistant Deputy Attorney General, on the brief).
Mr. Robert L. Mauro argued the cause for respondent City of Long Branch.
Before Judges SULLIVAN, LEONARD and CARTON.
Superior Court of New Jersey, Appellate Division.
PER CURIAM.
Involved in this declaratory judgment action is the right of the State of New Jersey, through the State Department of Health, Division of Narcotic and Drug Abuse Control (Department), to establish a residential narcotic rehabilitation and treatment center in Long Branch (City) for drug users from throughout the State, without approval of the City, the local Board of Adjustment or Planning Board.
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