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GASKILL v. MAYOR & COMM'RS OF BOR. OF AVALON

149 N.J. Super. 364 (1977)

373 A.2d 1019

STEPHEN GASKILL AND RAYMOND ANDERSON, PLAINTIFFS-APPELLANTS, v. MAYOR AND COMMISSIONERS OF THE BOROUGH OF AVALON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 25, 1977.

Attorney(s) appearing for the Case

Mr. Martin List argued the cause for plaintiffs-appellants (Messrs. Schneider, Cohen & Solomon, attorneys).

Mr. David Wallace argued the cause for defendants-respondents (Mr. Gerald L. Dorf, attorney; Mr. Stanley Schwartz, on the brief).

Before Judges CARTON, KOLE and LARNER.

PER CURIAM.

We affirm the judgment below substantially for the reasons expressed in the opinion of Judge Staller reported at 143 N.J.Super. 391 (Law Div. 1976).

In view of plaintiffs' appellate argument we deem it appropriate to supplement that opinion by an additional facet of decision which supports the conclusion below. Plaintiffs place primary emphasis upon the statutory provision (N.J.S.A. 40A:14-129) that...

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