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CITY OF NEWARK v. JOHNSON

70 N.J. Super. 381 (1961)

175 A.2d 500

THE CITY OF NEWARK, PLAINTIFF-RESPONDENT, v. EDWARD AND NELLIE JOHNSON, DEFENDANTS-APPELLANTS. THE CITY OF NEWARK, PLAINTIFF-RESPONDENT, v. ALPHONSO SIMMONS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Essex County Court, Law Division, Criminal.

Decided November 8, 1961.

Attorney(s) appearing for the Case

Mr. David D. Furman, Attorney General of the State of New Jersey (Mr. Eugene T. Urbaniak, appearing), for New Jersey State Board of Child Welfare, intervening amicus curiae (Mr. Joseph T. Maloney, on the brief).

Mr. Vincent P. Torppey, Corporation Counsel of the City of Newark (Mr. Harry A. Pine, appearing), for plaintiff-respondent (Mr. Joseph A. Ward, on the brief).

MASUCCI, J.C.C.

This involves appeals from convictions in each of the above cases of violation of section 36.3(2) of the Revised Ordinances of the City of Newark, restricting the use of property within a first residence district to one-family dwellings.

The facts are not in dispute. Admittedly, the buildings in question are within a first residence district, restricted to one-family dwellings. Each of the dwellings is occupied by

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