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HILTON ACRES v. KLEIN

35 N.J. 570 (1961)

174 A.2d 465

HILTON ACRES, A NEW JERSEY CORPORATION, E'DOR BUILDING CORP., ETC., ET AL., PLAINTIFFS-APPELLANTS, v. JOHN N. KLEIN, MAYOR OF THE TOWNSHIP OF ROXBURY, NEW JERSEY, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF ROXBURY, PLANNING BOARD OF THE TOWNSHIP OF ROXBURY, ANTHONY LEONARD, BUILDING INSPECTOR OF THE TOWNSHIP OF ROXBURY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided October 23, 1961.

Attorney(s) appearing for the Case

Mr. Frank C. Scerbo argued the cause for plaintiffs-appellants (Mr. Scerbo, attorney; Mr. Herbert S. Glickman, on the brief).

Mr. John R. Miller argued the cause for defendants-respondents (Messrs. Barrett and Miller, attorneys; Mr. Miller, on the brief).

The opinion of the court was delivered by HALL, J.

This is a land subdivision regulation case. It is here on certification of the judgment of the Appellate Division, 64 N.J.Super. 281 (1960), granted on plaintiffs' petition. 34 N.J. 329 (1961).

Fundamentally involved are two abstract legal questions arising under the Municipal Planning Act of 1953. N.J.S.A. 40:55-1.1 et seq...

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