GIRANDOLA v. BOROUGH OF ALLENTOWN


208 N.J. Super. 437 (1986)

506 A.2d 64

RUDOLPH GIRANDOLA AND JOSEPH A. SARAFIN, PLAINTIFFS-APPELLANTS, v. BOROUGH OF ALLENTOWN; UPPER FREEHOLD TOWNSHIP; UPPER FREEHOLD TOWNSHIP BOARD OF ADJUSTMENT; UPPER FREEHOLD TOWNSHIP PLANNING BOARD; COUNTY OF MONMOUTH; VIRGINIA GARBARINE AND LOUIS F. DIERKING, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 6, 1986.


Attorney(s) appearing for the Case

Robert A. Goodsell argued the cause for appellants (Irwin, Post & Rosen, P.A., attorneys; Margaret H. MacNeil, on the brief).

David H. Coates argued the cause for respondent Borough of Allentown (Turp, Coates, Essl & Driggers, P.C., attorneys; Donald S. Driggers, on the brief).

Sanford D. Brown argued the cause for respondent Upper Freehold Township (Dawes & Brown, P.A., attorneys; Sanford D. Brown and John I. Dawes, on the brief).

Before Judges MICHELS, GAULKIN and DEIGHAN.


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

Plaintiffs brought this action "in lieu of prerogative writ, for a writ of mandamus and for relief under the Environmental Rights Act, N.J.S.A. 2A:35A-1 et seq." to enjoin the use of certain property in Upper Freehold Township for the Borough of Allentown's deposit of spoils from its dredging of Allentown Lake. The litigation was resolved by an...

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