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WULSTER v. BOROUGH OF UPPER SADDLE RIVER

41 N.J. Super. 199 (1956)

124 A.2d 323

HENRY L. WULSTER AND K. ELIZABETH WULSTER, PLAINTIFFS-APPELLANTS, v. BOROUGH OF UPPER SADDLE RIVER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 2, 1956.

Attorney(s) appearing for the Case

Mr. James A. Major argued the cause for the appellants.

Mr. John S. Harrison argued the cause for the respondent (Messrs. Harrison & Brown, attorneys; Mr. Gordon H. Brown, on the brief).

Before Judges FRANCIS, HUGHES and KNIGHT.

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

The governing body of the Borough of Upper Saddle River declined to grant a permit to plaintiffs to remove a large quantity of soil from a tract of land owned by them. The Law Division sustained the refusal.

On September 9, 1954 an ordinance was adopted to regulate and control the removal of soil from land within the borders of the borough. Section 1 provides:

"No person shall excavate or otherwise...

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