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NEWARK, CREAM CO. v. PARSIPPANY-TROY HILLS TWP.

47 N.J. Super. 306 (1957)

135 A.2d 682

NEWARK MILK AND CREAM COMPANY OF NEWARK, NEW JERSEY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. TOWNSHIP OF PARSIPPANY-TROY HILLS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; EDWARD V. MANNING, MAYOR, AND GEORGE A. WEST, LOUIS M. FRAYLER, F. EARL WALTER, JR., AND CLIFFORD E. HERMEY, COUNCILMEN, CONSTITUTING THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF PARSIPPANY-TROY HILLS; RICHARD CHERKIN, ACTING TOWNSHIP MANAGER OF THE TOWNSHIP OF PARSIPPANY-TROY HILLS; AND DOROTHY W. COOK, CLERK OF THE TOWNSHIP OF PARSIPPANY-TROY HILLS, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 22, 1957.

Attorney(s) appearing for the Case

Messrs. Riker, Emery & Danzig (Mr. Everett M. Scherer appearing), attorneys for plaintiff.

Messrs. Jeffers, Mountain & Franklin (Mr. Benjamin Franklin, III, appearing), attorneys for the defendants.

HALL, J.S.C. (orally).

This is an action in lieu of prerogative writ brought by the plaintiff landowner to set aside as unconstitutional and void an amendment to the township zoning ordinance adopted April 10, 1956, placing the plaintiff's property in a Class III Specialized Economic Development District thereby created and providing regulations and procedures concerning the use thereof, and to restrain the defendant township officials from taking any action pursuant...

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