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KOCH v. BOROUGH OF SEASIDE HEIGHTS

40 N.J. Super. 86 (1956)

122 A.2d 250

EDWARD S. KOCH, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. BOROUGH OF SEASIDE HEIGHTS, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT AND CROSS-RESPONDENT, AND SHORE BORO'S POST 351 AMERICAN LEGION, ETC., ET ALS., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 17, 1956.

Attorney(s) appearing for the Case

Mr. Vincent A. Grasso argued the cause for defendant-appellant and cross-respondent, Borough of Seaside Heights (Messrs. Hiering & Grasso, attorneys).

Mr. Jerome J. Doherty argued the cause for plaintiff-respondent and cross-appellant (Mr. Joseph A. Citta, attorney).

Before Judges GOLDMANN, FREUND and CONFORD.

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

Plaintiff is a resident and taxpayer of the Borough of Seaside Heights. The pretrial order indicates that he is also a shareholder and secretary of a corporation which "occupies" a parcel of land extending from the boardwalk to Ocean Terrace and abutting the southerly side of Lincoln Avenue. The corporation operates a commercial amusement device known as a "whip" on the property, the entrance being on the boardwalk...

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