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ITZEN & ROBERTSON v. BD. OF HEALTH OF OAKLAND

89 N.J. Super. 374 (1965)

215 A.2d 60

ITZEN & ROBERTSON, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. BOARD OF HEALTH OF THE BOROUGH OF OAKLAND AND ELSIE BARWICK, SECRETARY TO THE BOARD OF HEALTH OF THE BOROUGH OF OAKLAND, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 8, 1965.

Attorney(s) appearing for the Case

Mr. Jerome Vogel for plaintiff (Messrs. Jeffer, Walter & Tierney, attorneys).

Mr. Gilbert I. Wasserman for defendants (Messrs. Hirschklau & Wasserman, attorneys).

SCHNEIDER, J.C.C. (temporarily assigned).

Plaintiff and defendants filed motions for summary judgment in the above suit in lieu of prerogative writs seeking to review an ordinance of the Board of Health of the Borough of Oakland concerning maintenance of septic tanks. The parties have agreed on a stipulation of facts and the matter is determined by these summary proceedings.

Plaintiff is engaged in the business of constructing sewage disposal systems. He does...

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