ESTATE OF NEUBERGER v. MIDDLETOWN TP.


215 N.J. Super. 375 (1987)

521 A.2d 1336

ESTATE OF KATHERINE K. NEUBERGER, DECEASED, PLAINTIFF-RESPONDENT, v. THE TOWNSHIP OF MIDDLETOWN, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MIDDLETOWN, AND THE LANDMARKS COMMISSION OF THE TOWNSHIP OF MIDDLETOWN, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 2, 1987.


Attorney(s) appearing for the Case

William F. Dowd argued the cause for appellants (Mark T. Karinja, on the brief).

Chester Apy argued the cause for respondent (Apy and Margalotti, attorneys; Chester Apy, on the brief).

Before Judges MICHELS, O'BRIEN and LANDAU.


The opinion of the court was delivered by LANDAU, J.S.C. (temporarily assigned).

This is an appeal by defendants Township of Middletown, Township Committee of the Township of Middletown, and the Landmarks Commission of the Township of Middletown (collectively Middletown) from a final judgment of the Law Division which declared invalid the Middletown "Landmarks Commission and Historical Preservation Ordinance," (Historic Ordinance) based upon the proofs and legal arguments...

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