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TP. OF CHERRY HILL v. N.J. RACING COMM.

131 N.J. Super. 125 (1974)

328 A.2d 653

TOWNSHIP OF CHERRY HILL, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, YOUTH CENTER, INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND KEIM & KEIM, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. NEW JERSEY RACING COMMISSION, NEW JERSEY SPORTS AND EXPOSITION AUTHORITY, AND GARDEN STATE RACING ASSOCIATION, A CORPORATION OF THE STATE OF NEW JERSEY, JOINTLY SEVERALLY, OR IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 6, 1974.

Attorney(s) appearing for the Case

Mr. Ralph J. Kmiec for plaintiffs (Messrs. Kmiec & Palumbo, attorneys).

Mr. Clinton E. Cronin for defendant New Jersey Racing Commission (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Mr. Andrew F. Zazzali for defendant New Jersey Sports and Exposition Authority (Messrs. Zazzali & Zazzali, attorneys).

Mr. George H. Hohweiler for defendant Garden State Racing Association. (Messrs. Richman, Berry, Ferren, Hohweiler & Tyler, attorneys).

RIZZI, A.J.S.C.

This is a mixed in lieu proceeding and action to enjoin a public nuisance in which the issues to be determined are:

(I) Whether a joint permit issued by the New Jersey Racing Commission (Commission) to the New Jersey Sports and Exposition Authority (Authority) and Garden State Racing Association (Garden State) to conduct a thoroughbred race meeting at the premises in Cherry Hill of Garden...

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