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N.Y. CENTRAL R.R. v. RIDGEFIELD

84 N.J. Super. 85 (1964)

201 A.2d 67

NEW YORK CENTRAL RAILROAD COMPANY, A DELAWARE CORPORATION DOING BUSINESS IN THE STATE OF NEW JERSEY, PETITIONER-APPELLANT, v. BOROUGH OF RIDGEFIELD, RESPONDENT, AND BOARD OF PUBLIC UTILITY COMMISSIONERS, RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. NEW YORK CENTRAL RAILROAD COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 29, 1964.

Attorney(s) appearing for the Case

Mr. Archibald S. Alexander, Jr. argued the cause for appellant (Messrs. Lum, Biunno & Tompkins, attorneys; Mr. Alexander, on the brief).

Mr. James A. Major argued the cause for respondent Borough of Ridgefield (Mr. Edwin A.A. Muller, attorney; Mr. Major, of counsel).

Mr. Richard F. Green, Deputy Attorney General, argued the cause for respondent Board of Public Utility Commissioners (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Green, on the brief).

Before Judges GOLDMANN, KILKENNY and COLLESTER.

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

New York Central Railroad appeals from a dismissal without prejudice of its application to the Board of Public Utility Commissioners for an order under R.S. 40:55-50 that the zoning ordinance of the Borough of Ridgefield should not apply to the railroad's contemplated use of its existing property in that municipality.

By order of this court, two actions against the railroad now pending in the...

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