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DALLENBACH SAND CO. v. MAYOR, ETC.

90 N.J. Super. 218 (1966)

217 A.2d 15

DALLENBACH SAND COMPANY, INC., A CORPORATION OF NEW JERSEY, JONES ROAD MATERIAL CO., A CORPORATION OF NEW JERSEY AND SAND HILL MINE, INC., A CORPORATION OF NEW JERSEY, AND GEORGE AND CAESAR BELLIZIO, T/A BELLIZIO BROS., A TRADE NAME, PLAINTIFFS-RESPONDENTS, v. MAYOR AND TOWNSHIP COMMITTEE OF SOUTH BRUNSWICK TOWNSHIP, NEW JERSEY, AND THE TOWNSHIP OF SOUTH BRUNSWICK, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 1966.

Attorney(s) appearing for the Case

Mr. Irving Verosloff argued the cause for defendants.

Mr. Frederick F. Richardson argued the cause for plaintiffs.

Before Judges GAULKIN, LABRECQUE and BROWN.

PER CURIAM.

Judge Thompson held that N.J.S.A. 34:6-98.1 et seq., and Safety Regulation No. 12 adopted thereunder, do not bar a municipality from passing ordinances to take care of its special problems, provided those ordinances are reasonable and comply with the standards established by the legislation and the rules and regulations promulgated by the Commissioner of Labor and Industry. N.J.S.A. 34:6-98.10; Fred v. Mayor, etc., of Old Tappan...

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