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CRESSKILL BOROUGH v. DUMONT BOROUGH

28 N.J. Super. 26 (1953)

100 A.2d 182

BOROUGH OF CRESSKILL, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, ET ALS., PLAINTIFFS, v. BOROUGH OF DUMONT, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided October 15, 1953.

Attorney(s) appearing for the Case

Mr. Arthur J. O'Dea, attorney for plaintiffs Borough of Cresskill and Frank P. Ryer.

Mr. Frank H. Hennessy, attorney for plaintiffs Borough of Haworth and William Wendland and Marjorie Wendland.

Mr. William A. Fasolo, attorney for plaintiffs Borough of Demarest, Robert Austin, June Austin, Robert H. Jaeger, Helen Jaeger, Anthony Rausa and Ida Rausa.

Mr. Guy W. Calissi, attorney for the defendant Borough of Dumont.

WAESCHE, J.S.C.

This is a suit in lieu of a prerogative writ to test the validity of an amendment to the zoning ordinance of the Borough of Dumont. The zoning ordinance of Dumont prohibits trade or business in any district zoned for residential use. Block 197 on the assessment map of the Borough of Dumont is in an area zoned for residential use, and Block 197 itself was originally zoned for residential use. The amendment to the zoning ordinance here under review changed...

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