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WICKATUNK VILLAGE, INC. v. TP. OF MARLBORO

118 N.J. Super. 445 (1972)

288 A.2d 308

WICKATUNK VILLAGE, INC., A BODY CORPORATE OF THE STATE OF NEW JERSEY, PLAINTIFF, v. TOWNSHIP OF MARLBORO, DEFENDANT. THE TOWNSHIP OF MARLBORO, IN THE COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION OF NEW JERSEY, PLAINTIFF, v. WICKATUNK VILLAGE, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division Superior Court of New Jersey, Chancery Division.

Decided March 1, 1972.

Attorney(s) appearing for the Case

Mr. John Warren for Wickatunk Village, Inc. (Messrs. Parsons, Canzona, Blair & Warren, attorneys).

Mr. Herbert B. Bierman for the Township of Marlboro.

LANE, J.S.C.

These matters have been consolidated and are before the court on final hearing.

Wickatunk Village, Inc., in its complaint in lieu of prerogative writs, challenges the validity of a statutory denial under N.J.S.A. 40:55-39.1 of a variance recommended by the board of adjustment under N.J.S.A. 40:55-39(d) to construct and operate a tertiary sewerage treatment plant in a residential zone. In the Chancery Division action Marlboro

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