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FINSTON v. TOWN OF NUTLEY

1 N.J. Super. 85 (1948)

62 A.2d 483

HENRY FINSTON, DAVID NAIDECH AND AUGUSTA NAIDECH, CO-PARTNERS TRADING AS NEW JERSEY COAL & SUPPLY CO., PLAINTIFF-APPELLANTS, v. TOWN OF NUTLEY, A MUNICIPAL CORPORATION, AND GEORGE A. FITTING, BUILDING INSPECTOR OF THE TOWN OF NUTLEY, DEFENDANT-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 9, 1948.

Attorney(s) appearing for the Case

Mr. Edward R. McGlynn argued the cause for plaintiff-appellants (Messrs. McGlynn, Weintraub & Stein, attorneys).

Mr. Aaron Heller argued the cause for defendant-respondents.

Before Judges JACOBS, EASTWOOD and BIGELOW.

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

Prosecutors desire to install at their place of business in Nutley underground tanks for the storage of fuel oil. An ordinance of Nutley forbids the storage of "oil that is volatile below the temperature of 100° Fahrenheit" without a license to be issued by the Town Clerk upon the special authorization of the Board of Commissioners of the town. Thinking that...

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