SPIEGLE v. BOROUGH OF BEACH HAVEN


46 N.J. 479 (1966)

218 A.2d 129

ROBERT D. SPIEGLE AND DORIS LORRAINE SPIEGLE, HIS WIFE, PLAINTIFFS-APPELLANTS, v. BOROUGH OF BEACH HAVEN, IN THE COUNTY OF OCEAN, A MUNICIPAL CORPORATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 21, 1966.


Attorney(s) appearing for the Case

Mr. James Mercer Davis, Jr., argued the cause for appellants.

Mr. Franklin H. Berry, Jr., argued the cause for respondent (Mr. Franklin H. Berry, Jr., of counsel; Messrs. Berry, Whitson & Berry, attorneys).


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

Judgments were entered in the Superior Court, Law Division, in two separate cases, holding, inter alia, that two ordinances as amended (which, for convenience, we shall hereafter refer to as (1) "fence ordinance" and (2) "dune ordinance") and adopted by defendant were constitutional. The separate appeals, limited to the constitutional issues, which were taken to the Appellate Division, were consolidated...

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