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STATE OF NEW JERSEY v. EAST SHORES, INC.

164 N.J. Super. 530 (1979)

397 A.2d 368

STATE OF NEW JERSEY AND BOARD OF PUBLIC UTILITY COMMISSIONERS, PLAINTIFF-RESPONDENTS, v. EAST SHORES, INC.; MRS.E. CONDIT; ROBERT CHEW; JOSEPH WODZIAK; J. ATKINSON; JOSEPHINE BENEDICT; SOUTH ORANGE FEDERAL SAVINGS BANK, A NEW JERSEY CORPORATION; JAMES TIBUS, AND WILLIAM DONZIESER, DEFENDANTS, AND THE TOWNSHIP OF JEFFERSON, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 8, 1979.

Attorney(s) appearing for the Case

Mr. James M. Kenihan argued the cause for appellant (Messrs. Kenihan & Cohen, attorneys).

Ms. Blossom A. Peretz, Deputy Attorney General, argued the cause for respondents (Mr. John J. Degnan, Attorney General, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Mr. Stephen B. Genzer, Assistant Deputy Public Advocate, argued the cause as amicus curiae (Mr. Stanley C. Van Ness, Public Advocate, attorney).

Mr. Barry H. Evenchick argued the cause for customers of East Shores, Inc.

Before Judges LYNCH, CRANE and HORN.

The opinion of the court was delivered by HORN, J.A.D.

This is an appeal by defendant Township of Jefferson (township) from a judgment entered in the Chancery Division in accordance with the opinion rendered by Judge Polow and reported at 154 N.J.Super. 57 (1977).

Since the operative factual findings of Judge Polow are not claimed to be erroneous, we need not repeat them. It

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