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H. BEHLEN & BROS., INC. v. MAYOR, ETC., TOWN OF KEARNY

31 N.J. Super. 30 (1954)

105 A.2d 894

H. BEHLEN & BROS., INC., ET AL., PLAINTIFFS-APPELLANTS, v. MAYOR AND COUNCIL OF THE TOWN OF KEARNY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 1954.

Attorney(s) appearing for the Case

Mr. William W. Wimmer argued the cause for plaintiffs-appellants (Messrs. Wimmer & Chasnoff, attorneys).

Mr. Robert J. McCurrie argued the cause for defendant-respondent.

Before Judges CLAPP, FREUND and SCHETTINO.

The opinion of the court was delivered by SCHETTINO, J.S.C. (temporarily assigned).

These are three cases involving the validity of provisions of the zoning ordinance of the Town of Kearny. Plaintiffs are owners or occupants of property rezoned by amendment. The sole defendant is the municipality. These appeals are from judgments for defendant.

Prior to amendment an area of some 6,000 to 7,000 feet along the...

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