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SOCIETY FOR ANIMAL RIGHTS, INC. v. TP. OF MAHWAH

148 N.J. Super. 249 (1977)

372 A.2d 619

SOCIETY FOR ANIMAL RIGHTS, INC., ET AL., PLAINTIFFS-APPELLANTS, v. THE TOWNSHIP OF MAHWAH, DEFENDANT-RESPONDENT, AND COMMUNITY DOG CONTROL, INC., AND TOWN OF KEARNY, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, AND THE BOROUGH OF BERGENFIELD, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1977.

Attorney(s) appearing for the Case

Mr. John N. Malyska argued the cause for appellants (Messrs. Meyner, Landis & Verdon, attorneys).

Mr. Kevin W. Funabashi argued the cause for respondent Township of Mahwah (Messrs Breslin & Breslin, attorneys).

Mr. Gregory S. Baxter argued the cause for respondent and cross-appellant Community Dog Control, Inc. (Messrs. Saling, Gassert & O'Mara, attorneys).

Mr. Norman A. Doyle, Jr. argued the cause for respondent and cross-appellant Town of Kearny.

Mr. Gabriel M. Ambrosio argued the cause for respondent Township of Lyndhurst (Messrs. Ambrosio & Ambrosio, attorneys).

Before Judges LYNCH, MILMED and ANTELL.

PER CURIAM.

The judgment of the Law Division is affirmed substantially for the reasons stated in Judge Pressler's opinion reported at 138 N.J.Super. 322 (Law Div. 1975).

We note that in the trial judge's opinion the question of the viability of commercial contracts into which the Hudsontype municipalities have entered was reserved with leave granted to plaintiffs to...

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