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GOODFELLOW CONST. CO. v. PLAN. BD. BOR. CLEMENTON

147 N.J. Super. 500 (1977)

371 A.2d 747

GOODFELLOW CONSTRUCTION CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THE PLANNING BOARD OF THE BOROUGH OF CLEMENTON AND THE COUNCIL OF THE BOROUGH OF CLEMENTON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 15, 1977.

Attorney(s) appearing for the Case

Messrs. Melnik, Morgan, Weinberg and Weiner, attorneys for appellant (Mr. Richard C. Klein, on the brief).

Messrs. Bleakly, Stockwell and Zink, attorneys for respondents (Mr. Charles A. Little on the brief).

Before Judges FRITZ, ARD and PRESSLER.

PER CURIAM.

This controversy arises out of a public sale of municipal lands pursuant to N.J.S.A. 40A:12-13(a) by defendant Borough of Clementon to plaintiff Goodfellow Construction Co., Inc. (Goodfellow).

The parties perceived the primary question here raised to be whether or not a condition of the sale set forth in the advertisement soliciting bids and restricting the potential use of the property survives a municipal deed of conveyance which fails...

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