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RYAN v. MAYOR & COUNCIL BOR. OF DEMAREST

64 N.J. 593 (1974)

319 A.2d 442

FRANK RYAN AND ANNA M. RYAN, HIS WIFE; ROBERT A. ESCHER AND JANE W. ESCHER, HIS WIFE; VINCENT BOGERT AND MARIE C. BOGERT, HIS WIFE; JOHN R. FRERCKS AND VIRGINIA FRERCKS, HIS WIFE; EMILE R. CAPITA; WILLIAM M. BUCH AND FRANCES V. BUCH, HIS WIFE; EDWARD F. PRODIGO AND DOROTHY PRODIGO, HIS WIFE; CARL M. CARLSON AND MILDRED M. CARLSON, HIS WIFE; CONSTANCE T. CORY; GRANT DELLABOUGH AND DOROTHY DELLABOUGH, HIS WIFE; AND WILLIAM NIXON AND FRANCES NIXON, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. MAYOR AND COUNCIL OF THE BOROUGH OF DEMAREST, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 8, 1974.

Attorney(s) appearing for the Case

Mr. William A. Fasolo, argued the cause for appellant (Mr. Thomas E. Durkin, Jr., of counsel and on the brief).

Mr. James A. Major, II, argued the cause for respondents, (Mr. Alfred D. Schiaffo, attorney; Mr. William Miller, of counsel and on the brief).

The opinion of the court was delivered by CLIFFORD, J.

Beechwood Farms is a development of what are described in the record as thirty "beautiful homes, large estates," bisected by the borderline between the Borough of Demarest and the Borough of Alpine in Bergen County. Sixteen of the homes are consequently in Demarest and fourteen are in Alpine.

The plaintiffs here are fourteen of the sixteen Beechwood Farms homeowners whose properties lie in Demarest. On...

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