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MOORE v. BRIDGEWATER TP.

69 N.J. Super. 1 (1961)

173 A.2d 430

CHARLES L. MOORE, JR., ET AL., PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS, v. BRIDGEWATER TOWNSHIP, A MUNICIPAL CORPORATION OF NEW JERSEY AND WARREN TOWNSHIP, A MUNICIPAL CORPORATION OF NEW JERSEY, ET ALS., DEFENDANTS-RESPONDENTS, AND DOCK WATCH PIT & QUARRY, INC., A CORPORATION OF NEW JERSEY, DOCK WATCH QUARRY PIT, INC., A CORPORATION OF NEW JERSEY, HARRY E. VON OSTEN, ET ALS., DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1961.

Attorney(s) appearing for the Case

Mr. Alfred C. Clapp argued the cause for plaintiffs-appellants and cross-respondents (Messrs. Hetfield & Hetfield, attorneys; Mr. George F. Hetfield, Mr. Joseph I. Bedell and Messrs. Clapp & Eisenberg, of counsel).

Mr. Charles A. Reid, Jr. argued the cause for defendant-respondent, Bridgewater Township.

Mr. James W. Hurley argued the cause for defendant-respondent, Warren Township.

Mr. Jacques S. Lederman argued the cause for all defendants-respondents and cross-appellants.

Before Judges GOLDMANN, FOLEY and HALPERN.

The opinion of the court was delivered by HALPERN, J.S.C. (temporarily assigned).

This action in lieu of prerogative writ was instituted by plaintiffs, as residents and taxpayers of Warren and Bridgewater Townships, in Somerset County, seeking to restrain the quarry defendants, Dock Watch Quarry Pit, Inc., Harry E. Von Osten, Edward Mundock and John W. Mondak, from operating a stone quarry on the theory that it was a nuisance; and to compel Warren and Bridgewater...

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