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FRED v. MAYOR AND COUNCIL OF BOR. OF OLD TAPPAN

17 N.J. Super. 153 (1951)

85 A.2d 317

WALTER B. FRED, CHARLES DE WOLF, JAMES J. O'CONNOR, JOHN KLEIN, MARIA DREISBACH, THEODORE C. HANDWERG, HELEN WATSON, EDWARD YOUNGMAN, HAROLD SUNDEN, DOMINICK COPPOLO, RALPH COPPOLO, ANTHONY A. COPPOLO, CHRIS AND ANGELA CLASEN, FRANK HESS, WILLIAM HECKEL, M.M. COFFEY, FRED KRUGER, ROSE KOCH, RONALD F. ROTH, HOMER PURGOLD, OTTO LEIN, GENEVA C. LEIN, BLANCHE C. OCHSE, EVA OGLE, AND STEPHEN MICHALON, PLAINTIFFS, v. MAYOR AND COUNCIL OF THE BOROUGH OF OLD TAPPAN, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided December 27, 1951.

Attorney(s) appearing for the Case

Messrs. Major & Carlsen (Mr. James A. Major appearing), attorneys for plaintiffs.

Mr. Walter H. Jones, attorney for defendant.

LEYDEN, J.S.C.

On this review the dispositive question, as limited by the pretrial order, is the power of the municipality to pass an ordinance regulating the removal of soil. The plaintiffs contend the ordinance contravenes article I, paragraph 1, and article I, paragraph 20 of the Constitution of New Jersey (1947), as an invasion of the right to acquire, possess and protect property; that it takes private property for public use without compensation, and violates...

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