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MINDEL v. TP. COUNCIL OF TP. OF FRANKLIN

167 N.J. Super. 461 (1979)

400 A.2d 1244

LEO MINDEL, PLAINTIFF, v. THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF FRANKLIN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND THE BUILDING INSPECTOR OF THE TOWNSHIP OF FRANKLIN, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided March 29, 1979.

Attorney(s) appearing for the Case

Mr. John T. Lynch for plaintiff.

Messrs. Seiffert, Frisch, McGimpsey & Cafferty for defendants (Mr. Thomas J. Cafferty appearing).

IMBRIANI, J.S.C.

It is incredible in this day and age that a court should be called upon by a municipality to deny an owner the right to farm his land. But here is such a case. If the municipality is upheld, the result will be to compel the owner to either build residential housing units or suffer his land to lie fallow.

The property is located in an area that now is essentially rural in nature. Many farms...

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