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FINN v. WAYNE TP.

53 N.J. Super. 405 (1959)

147 A.2d 563

M. THOMAS FINN AND EVA O. FINN, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF WAYNE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 8, 1959.

Attorney(s) appearing for the Case

Mr. Milford Salny argued the cause for plaintiff-appellants.

Mr. William F. Johnson argued the cause for defendant-respondent.

Before Judges GOLDMANN, CONFORD and FREUND.

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

Plaintiffs' "Statement of Question Involved" poses the issue before us as being whether the zoning ordinance of Wayne Township, as amended and now in effect, unlawfully prohibits their use of their property for a motor "trailer park." The main aspect of illegality pressed on the appeal is alleged unconstitutional discrimination in restricting plaintiffs' property to residential uses while nearby property of...

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