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D'AGOSTINO v. JAGUAR REALTY CO.

22 N.J. Super. 74 (1952)

91 A.2d 500

THEODORE D'AGOSTINO, JOSEPH DOLAN, EDGAR M. DIETZ, GEORGE ANDERSON, STEPHEN W. SIMMS, ROBERT W. DACEY, CHARLES BANISTER, JOHN FLANAGAN, JOHN R. DONELLY, WILLIAM IMIELSKI AND KENNETH LINDSEY, PLAINTIFFS, v. THE JAGUAR REALTY CO., A CORPORATION OF NEW JERSEY, WILLIAM RODNEY AND ROBERT JACOBS, T/A APPROVED EQUIPMENT MANUFACTURING CO., INC. AND BOROUGH OF NEW MILFORD, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided October 3, 1952.

Attorney(s) appearing for the Case

Messrs. Chandless, Weller, Kramer & Frank, attorneys for plaintiffs.

Mr. Bernard S. White, attorney for defendants Jaguar Realty Co., William Rodney and Robert Jacobs.

Mr. William A. Fasolo, attorney for defendant Borough of New Milford.

GRIMSHAW, J.S.C.

The plaintiffs herein charge that the defendant corporation threatens to violate the zoning ordinance of the Borough of New Milford. They seek an injunction against such threatened violation. In the second count they ask for a declaratory judgment setting forth the rights of the parties under R.S. 40:55-48 and sections 8.9 (a) and 8.9 (c) of the zoning ordinance of the Borough of New Milford. Any consideration of the right of the individual...

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