BD. OF ED. BLACK HORSE PIKE v. TP. OF GLOUCESTER


127 N.J. Super. 97 (1974)

316 A.2d 480

BOARD OF EDUCATION OF THE BLACK HORSE PIKE REGIONAL SCHOOL DISTRICT, PLAINTIFF, v. TOWNSHIP OF GLOUCESTER, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided February 1, 1974.


Attorney(s) appearing for the Case

Mr. John S. Fields for plaintiff (Messrs. Hyland, Davis & Reberkenny, attorneys).

Mr. Charles Palumbo for defendant (Messrs. Kmiec and Palumbo, attorneys).


RIZZI, A.J.S.C.

This matter is before the court on order to show cause why defendant Gloucester Township should not be restrained from effectuating and implementing ordinances affecting the rezoning of certain areas of the township. Defendant seeks upon its cross-motion to have the restraint dissolved and the complaint dismissed pursuant to R. 4:6-2 because of a failure by plaintiff to state a cause of action upon which relief can be granted, or in the alternative...

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