TRINITY CEMETERY ASS'N v. WALL TP.


739 A.2d 409 (1999)

325 N.J. Super. 292

TRINITY CEMETERY ASSOCIATION, INC. Plaintiff-Respondent, v. THE TOWNSHIP OF WALL (incorrectly designated as Mayor and Council of Wall, Monmouth County, New Jersey), Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 15, 1999.


Attorney(s) appearing for the Case

William Wolf, Eatontown, for defendant-appellant (Bathgate, Wegener & Wolf, Lakewood, attorneys; Joseph L. Foster, Toms River, on the brief).

George T. Dougherty, Lawrenceville, for plaintiff-respondent (Katz & Dougherty, attorneys; Mr. Dougherty, on the brief).

Before Judges PETRELLA and BRAITHWAITE.


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

Plaintiff, Trinity Cemetery Association, Inc. ("Trinity"), commenced an action in lieu of prerogative writs challenging the enactment of a zoning ordinance by defendant, the Township of Wall ("Township"), rezoning Trinity's property from cemetery use to residential use. On July 18, 1997, Trinity moved for summary judgment. Following oral argument, the motion judge granted summary judgment on the ground...

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