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MARIE'S LAUNDERETTE, INC. v. CITY OF NEWARK

35 N.J. Super. 94 (1955)

113 A.2d 190

MARIE'S LAUNDERETTE, INC., A CORPORATION OF THE STATE OF NEW JERSEY, ET AL., PLAINTIFFS-APPELLANTS, v. CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 6, 1955.

Attorney(s) appearing for the Case

Mr. Martin Kesselhaut argued the cause for appellants (Messrs. Gilhooly, Yauch & Fagan, attorneys; Mr. John H. Yauch, Jr., of counsel).

Mr. Vincent P. Torppey, Corporation Counsel of the City of Newark, argued the cause for respondents (Mr. Joseph A. Ward, of counsel).

Before Judges GOLDMANN, FREUND and CONFORD.

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

Plaintiffs brought an action in lieu of prerogative writ seeking judgment that: (a) section 1, subparagraph 25 of the new zoning ordinance of Newark, adopted June 9, 1954 and effective July 1, 1954 (Revised Ordinances of Newark, c. 36, sec. 36.1, subsec. 25), defining "launderette" constitutes an arbitrary exercise of the zoning power and is ineffectual as a bar to plaintiffs' rights...

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